(8) Things & Ownership Flashcards
The right that confers on a person direct, immediate and exclusive authority over a thing….
ownership (cc art 447)
Name the ways a things can be divided….(3) (2) (2)
common, public, private
corporeals and incorporeals
movables and immovables (art.448)
Common things are….list examples
not subject to ownership, even by the state
air, high seas
Things that may be freely used by everyone comfortably with the use for which nature has intended them
Common things
Public things are…list examples
owned by the state or it’s politician subdivisions in their capacity as public persons…..running water, ditches, parks, streets, public squares, wild animals
Things intended to be taken out of commerce an maintained for the open and free use of all persons
public things
What is the public trust doctrine?
the idea that public things are held in trust by the state for public use
The space of land over which the waters of the sea spread in the highest tide during winter season
seashore
What two kinds of things are subject to public use?
Public and commons
Things owned by individuals, other private persons , and bu the state or it’s political subdivisions in their capacity as private persons
public things
Owners of private things may freely dispose of them under modifications established by law
Freed of disposition by private persons
Are private things subject to public use? If so, when?
Yes, in accordance with law or by dedication
Are the banks of navigable rivers or streams public, private or common?
Private, but subject to public use
How are the banks of a navigable waterway established?
The land lying between the ordinary low and ordinary high state of the water OR a levee, when in proximity to the water
Are roads public or private?
Either
T or F
Where someone or something obstructs a public thing or a private thing subject to public use, any person may remove the obstruction to return the use unencumbered to the general public.
True, per CC art 458
True or False? A building that merely encroaches on a public way without preventing its use and which cannot be removed without causing substantial damage to its owner shall be allowed to remain.
True
Things, animate or inanimate, that have a body than can be touched or felt.
Corporeal things
Things that do not have a body and are not observable through the use of senses. Fictions of the law understood as rights or obligations.
incorporeal things
Rights of inheritance, servitude, obligations and a right to intellectual property are examples of _______things
Incorporeal
Tracts of land, along with their component parts are___________.
Immovables
Things incorporated into a tract of land, such as buildings attached to the ground, are considered component parts of a(n)________.
Immovable
True or False ? Buildings, other constructions, standing timber and unharvested crops, if NOT owned by the owner of the land are component parts of the immovable.
False, they are separate immovables
True or false? Buildings, other constructions, standing timber and unharvested crops, if owned by the owner of the land are component parts of the immovable.
True
Rights and actions that apply to immovables, such as personal and predial servitudes, petitory or possessory actions and mineral rights are……..
incorporeal immovables
Can appliances and equipment owned by the owner of the land placed theron for its service or improvement be considered components of an immovable?
Yes, by deceleration
In order for machinery, appliances, and equipment other than a private residence to be deemed component parts of an immovable, what must be done? How is it documented?
A deceleration must be made and filed for registry in the conveyance records of the parish in which the immovable is located.
How may movables that have become immovables by declaration and are no longer capable of servicing the movable to which they are attached become deimmobilized?
By an act that transfers ownership or, when third party rights are not involved, removing and destroying the former immovable by declaration
Things, animate or inanimate, that normally move or can be moved from one place to another.
Movables
True or false? Whatever the law does not consider to be an immovable is a movable.
True
Rights, obligations or action associated with a corporeal movable are…….
incorporeal movables
Bonds, annuities, interests or shares in entities possessing juridical personality are examples of…..
incorporeal movables
True or false? Interest or shares in a juridical person that owns immovables are considered as movables as long as the entity exists.
What about after the entity is dissolved?
Before- True
After- False, the right of each individual to a share in the immovables is an immovable
The detention or enjoyment of a corporeal thing.
Possession
Possession/ ownership – fill in the blank
Someone who has _________ of a thing has the right to _________ of the thing.
Someone who has ownership of a thing has the right to possession of the thing.
Explain the difference between ownership and possession.
Ownership exists independently of any exercise of it and may not be lost to non-use. Possession is a matter of fact, and one who has possessed a thing for over a year acquires the right to possess it.
The exercise of a real right, such as a servitude, with the intent to have it as one’s own is a__________.
Quasi-possession
True or false? Ownership is lost when acquisitive prescription accrues in favor of an adverse possessor.
True
When a single thing is owned by more than one person it is said to be ______ __ _______.
owned in indivision
When two or more people own the same thing in indivision, each having an undivided share.
Co-ownership
Who is provisionally considered the owner of a thing until the right of the true owner is established?
The possessor.
What is accession
The addition to or increase in value or property by means of improvements or natural growth
Unless other person’s have rights to them, accession grants to the ________ a thing’s natural and civil fruits.
owner
In relation to immovables, this term includes the right to everything above and below it, as well as additions to it.
Accession
The ownership of a thing includes by _____ the ownership of everything that it produces or is united with it, either naturally or artificially, in accordance with provisions.
Accession
Define alluvion and derliction.
Who owns each them?
Alluvion - accreation formed by successively and impreceptibly on the bank of a river or stream. The allivion belongs to the owner of the bank, who is bound to leave the required portion of the bank available for public use.
Derelication- formed by water receding imperceptbly from a bank of a river. The owner of the land situated at the edge of the bank left dry owns the derelicition
Products of the earth or animals
natural fruits
revenues derived from a thing by operation of law or by reason of a juridical act
civil fruits
Examples of natural fruits
eggs, fruit, milk, wool
Examples of civil fruits
rentals, interest, corporate distributions
Usufruct is….
where the owner’s right to the fruits of a thing is subject to the right of another to use and consume them.
A corporeal moveable that serves the use, ornament or complement or the principal thing.
Accessory thing
Generally, when determining which is the principal and which is the accessory, the principal, the principal will be the thing that is more _______ or __________.
valuable or bulkier
Where an accessory thing is incorporated into a principal thing such that they are united to form a whole, who acquires ownership of both?
The owner of the principal.
What is used to determine the principal thing when there is doubt?
Value first, and bulk if they are close in value.
The most valuable/ bulkiest thing is the principal
owner/ possessor
The rights of a _________ are subordinate to the rights of the ____________.
rights of possessor are subordinate to the owner
True or false? When the owner does not exercise the possession over a thing, he may recover possession from the person who has it.
True
True or false? In regard to movables, the possessor is presumed to be the owner.
This is LA’s version of what?
True
Possession is 9/10th’s of the law
A person who claims ownership of an immovable against someone else possessing it must…..
prove acquired ownership from a previous owner by acquisitive prescription
Acquisitive Prescription
ownership or other real rights to immovable may be acquired by the prescription of either 10 years or 30 years
Re: Acquisitive prescription
When does the the 10 year prescription apply?
When does the 30 year prescription apply?
10 years- ownership may be acquired by the prescription of 10 years
30 years- ownership may be acquired by 30 year prescription without the need of just title or possession in good faith
In order for acquisitive prescription of 10 years of immovable property to apply, a person must have what 4 things?
- possession for 10 years
- good faith
- just title
- a thing susceptible of acquisition of prescription
What kind of things susceptible to acquisitive prescription?
Only private things , not common or public.
For purposes or acquisitive prescription, a possessor is in good faith when he……
reasonably believes, in light of objective considerations, that he is the owner of the thing he possesses.
What is a just title?
Juridical act such a sale, exchange or donation, sufficient to transfer of ownership
A just title must be……(4 things)
- Written
- Valid as to form
- Filed for registry in the conveyance records of the parish in which the movable is situated
- be in the name of the possessor in good faith
Someone who has possessed property for 30 years becomes it’s owner. True or false?
true, through acquisitive prescription
Ownership and other real rights of MOVABLES may be acquired by acquisitive prescription of _______ or ________.
3 years
10 years
In order to establish acquisitive prescription of a movable in three years, one must…..
- posses the movable in good faith under an act sufficient to transfer ownership, without interruption for 3 years,
In order to establish acquisitive prescription of a movable in ten years, one must….
This is because he lacks…..
- posses the movable for 10 years
- good faith or a title transferring ownership
Re: ownership in division
In the absence of other provisions of law or juridical act, the shares of all co-owners are presumed—–
equal
Co-owners share the fruits and products of the thing held indivision….
When fruits or products are produced by a co-owner, other co-owners are entitled their share of the fruits or products less the….
in proportion to their ownership
costs or production
True or false? A co-owner has the right to use and enjoy the thing as is he were the sole owner.
True
Define servitude
A charge or burden upon a thing, usually an immovable, for the benefit of another person or another estate.
If Adam donates to Betty with a condition that upon Betty’s death the property will transfer to Charlie this donation is null.
if Adam wants to accomplish the intended result what should he do
adam can give the property in trust to Betty to hold for Betty’s benefit during her lifetime then to be delivered to Charlie upon termination of the trust when Betty dies
Adam could donate a usufruct to Betty and the naked ownership to Charlie
Mary donates to John all the Exxon stock she will inherit from her father. Is this a valid donation? Why or why not?
No, because Mary can donate the stock once she owns it, but not before. You cannot do ate future property.
A donation in which the donor has the right to revoke the donation at any time is valid, because…..
TRICK! It’s not valid. Can’t make donations with conditions that depend solely on the will of the donor.
Form, especially in regard to donations, includes ________ and ________
Formalities and rituals
