State practice (usus) – Customary law is confirmed by the behaviour of states (objective criteria) which is manifested by their official statements and actions. Usufruct, Usufruct and Habitatio are rights that are usually created in a will, but can also be created by the agreement. Usufruct is a limited (or reversion) real right in civil and mixed courts that combines the two rights of usus and fructus The applicant seeks a warrant of execution on September 27, 2012 against his right, property and interest arising from a written agreement, as well as the annulment of the seizure of those rights as a result. In addition, it is seeking the cancellation of the sale, which was fully sold on December 5, 2012, under which that right, title and interest were sold. The applicant is also seeking a fee order against the respondent. The High Court Sheriff for Heilbron District was admitted second and did not resist this request. It is not clear whether the applicant is also seeking a cost order against the second respondent, since he is demanding the costs of the complaint against the “respondent”. Mr. Snellenburg appeared for the applicant and Mr. S Grobler for the respondent.  In his affidavit, the applicant refers to his right as a personality right (point 17) that the opponent of the first appeal clearly agrees with. The counts of subpoena filed on behalf of the applicant argue that the rights conferred on the applicant may be considered personal or actual rights, and Mr. Snellenburg (in the chiefs) continues the review to determine whether it is a real or personal right and discusses in detail the legal status regarding personality rights and personal services relating to rights such as habitatio usufruct.
With regard to the rights acquired under the agreement between the parties, the applicant`s right of occupation for life has added to the dominium (as far as ownership) is concerned with the first recourse and is therefore a real right to habitatio, alternately usus, and a half.