Can Mary, who has the right of habitation on property owned by George, borrow money using the property as collateral?

In Louisiana, the right of habitation allows an individual to reside on a property owned by another but does not grant the right to encumber that property. This legal framework indicates that Mary, despite her right of habitation, does not have the authority to use the property as collateral for a loan.

Even though she occupies the property, her rights are limited to the use of the property for habitation purposes only, meaning she cannot borrow money against the property or create any liens, as doing so would alter the owner's rights (in this case, George).

That means any encumbering actions, such as taking a loan secured by the property, are not permitted under the right of habitation. This aligns with the fundamental principles of property law that distinguish between ownership and usage rights.