The constitution of the right of the real right of use and habitation is not a very common practice nowadays, this does not mean that a right of these characteristics can not be constituted.
To constitute this right, the most usual way is to do so by means of a public deed, and to register it in the property register, in order to have effect in front of third parties. It is similar to the usufruct, usually with a fixed time and is a right of a personal nature, although in some cases in the same constitution it is stated that it can be transmitted by “mortis causa” in favor, for example, of the spouse.
It can be free or paid, usually is paid, all that does not mean that you pay an amount periodically. It may be that what is agreed is that the beneficiary of this right takes charge of all the expenses of maintaining the farm, or that he is in charge of rehabilitating it and that in the end these works remain as a benefit of the farm, it is also can agree on other agreements of this nature.
This type of real right is often used if one wants to acquire a farm in which people live with whom it has been agreed that they will continue to reside for a certain time.