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LA Notary > (8) Things & Ownership > Flashcards

(8) Things & Ownership Flashcards

1
Q

The right that confers on a person direct, immediate and exclusive authority over a thing….

A

ownership (cc art 447)

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2
Q

Name the ways a things can be divided….(3) (2) (2)

A

common, public, private
corporeals and incorporeals
movables and immovables (art.448)

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3
Q

Common things are….list examples

A

not subject to ownership, even by the state

air, high seas

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4
Q

Things that may be freely used by everyone comfortably with the use for which nature has intended them

A

Common things

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5
Q

Public things are…list examples

A

owned by the state or it’s politician subdivisions in their capacity as public persons…..running water, ditches, parks, streets, public squares, wild animals

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6
Q

Things intended to be taken out of commerce an maintained for the open and free use of all persons

A

public things

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7
Q

What is the public trust doctrine?

A

the idea that public things are held in trust by the state for public use

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8
Q

The space of land over which the waters of the sea spread in the highest tide during winter season

A

seashore

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9
Q

What two kinds of things are subject to public use?

A

Public and commons

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10
Q

Things owned by individuals, other private persons , and bu the state or it’s political subdivisions in their capacity as private persons

A

public things

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11
Q

Owners of private things may freely dispose of them under modifications established by law

A

Freed of disposition by private persons

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12
Q

Are private things subject to public use? If so, when?

A

Yes, in accordance with law or by dedication

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13
Q

Are the banks of navigable rivers or streams public, private or common?

A

Private, but subject to public use

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14
Q

How are the banks of a navigable waterway established?

A

The land lying between the ordinary low and ordinary high state of the water OR a levee, when in proximity to the water

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15
Q

Are roads public or private?

A

Either

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16
Q

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.

A

True, per CC art 458

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17
Q

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.

A

True

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18
Q

Things, animate or inanimate, that have a body than can be touched or felt.

A

Corporeal things

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19
Q

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.

A

incorporeal things

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20
Q

Rights of inheritance, servitude, obligations and a right to intellectual property are examples of _______things

A

Incorporeal

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21
Q

Tracts of land, along with their component parts are___________.

A

Immovables

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22
Q

Things incorporated into a tract of land, such as buildings attached to the ground, are considered component parts of a(n)________.

A

Immovable

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23
Q

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.

A

False, they are separate immovables

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24
Q

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.

A

True

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25
Q

Rights and actions that apply to immovables, such as personal and predial servitudes, petitory or possessory actions and mineral rights are……..

A

incorporeal immovables

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26
Q

Can appliances and equipment owned by the owner of the land placed theron for its service or improvement be considered components of an immovable?

A

Yes, by deceleration

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27
Q

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

A deceleration must be made and filed for registry in the conveyance records of the parish in which the immovable is located.

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28
Q

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?

A

By an act that transfers ownership or, when third party rights are not involved, removing and destroying the former immovable by declaration

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29
Q

Things, animate or inanimate, that normally move or can be moved from one place to another.

A

Movables

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30
Q

True or false? Whatever the law does not consider to be an immovable is a movable.

A

True

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31
Q

Rights, obligations or action associated with a corporeal movable are…….

A

incorporeal movables

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32
Q

Bonds, annuities, interests or shares in entities possessing juridical personality are examples of…..

A

incorporeal movables

33
Q

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?

A

Before- True

After- False, the right of each individual to a share in the immovables is an immovable

34
Q

The detention or enjoyment of a corporeal thing.

A

Possession

35
Q

Possession/ ownership – fill in the blank

Someone who has _________ of a thing has the right to _________ of the thing.

A

Someone who has ownership of a thing has the right to possession of the thing.

36
Q

Explain the difference between ownership and possession.

A

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.

37
Q

The exercise of a real right, such as a servitude, with the intent to have it as one’s own is a__________.

A

Quasi-possession

38
Q

True or false? Ownership is lost when acquisitive prescription accrues in favor of an adverse possessor.

A

True

39
Q

When a single thing is owned by more than one person it is said to be ______ __ _______.

A

owned in indivision

40
Q

When two or more people own the same thing in indivision, each having an undivided share.

A

Co-ownership

41
Q

Who is provisionally considered the owner of a thing until the right of the true owner is established?

A

The possessor.

42
Q

What is accession

A

The addition to or increase in value or property by means of improvements or natural growth

43
Q

Unless other person’s have rights to them, accession grants to the ________ a thing’s natural and civil fruits.

A

owner

44
Q

In relation to immovables, this term includes the right to everything above and below it, as well as additions to it.

A

Accession

45
Q

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.

A

Accession

46
Q

Define alluvion and derliction.

Who owns each them?

A

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

47
Q

Products of the earth or animals

A

natural fruits

48
Q

revenues derived from a thing by operation of law or by reason of a juridical act

A

civil fruits

49
Q

Examples of natural fruits

A

eggs, fruit, milk, wool

50
Q

Examples of civil fruits

A

rentals, interest, corporate distributions

51
Q

Usufruct is….

A

where the owner’s right to the fruits of a thing is subject to the right of another to use and consume them.

52
Q

A corporeal moveable that serves the use, ornament or complement or the principal thing.

A

Accessory thing

53
Q

Generally, when determining which is the principal and which is the accessory, the principal, the principal will be the thing that is more _______ or __________.

A

valuable or bulkier

54
Q

Where an accessory thing is incorporated into a principal thing such that they are united to form a whole, who acquires ownership of both?

A

The owner of the principal.

55
Q

What is used to determine the principal thing when there is doubt?

A

Value first, and bulk if they are close in value.

The most valuable/ bulkiest thing is the principal

56
Q

owner/ possessor

The rights of a _________ are subordinate to the rights of the ____________.

A

rights of possessor are subordinate to the owner

57
Q

True or false? When the owner does not exercise the possession over a thing, he may recover possession from the person who has it.

A

True

58
Q

True or false? In regard to movables, the possessor is presumed to be the owner.

This is LA’s version of what?

A

True

Possession is 9/10th’s of the law

59
Q

A person who claims ownership of an immovable against someone else possessing it must…..

A

prove acquired ownership from a previous owner by acquisitive prescription

60
Q

Acquisitive Prescription

A

ownership or other real rights to immovable may be acquired by the prescription of either 10 years or 30 years

61
Q

Re: Acquisitive prescription

When does the the 10 year prescription apply?

When does the 30 year prescription apply?

A

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

62
Q

In order for acquisitive prescription of 10 years of immovable property to apply, a person must have what 4 things?

A
  1. possession for 10 years
  2. good faith
  3. just title
  4. a thing susceptible of acquisition of prescription
63
Q

What kind of things susceptible to acquisitive prescription?

A

Only private things , not common or public.

64
Q

For purposes or acquisitive prescription, a possessor is in good faith when he……

A

reasonably believes, in light of objective considerations, that he is the owner of the thing he possesses.

65
Q

What is a just title?

A

Juridical act such a sale, exchange or donation, sufficient to transfer of ownership

66
Q

A just title must be……(4 things)

A
  1. Written
  2. Valid as to form
  3. Filed for registry in the conveyance records of the parish in which the movable is situated
  4. be in the name of the possessor in good faith
67
Q

Someone who has possessed property for 30 years becomes it’s owner. True or false?

A

true, through acquisitive prescription

68
Q

Ownership and other real rights of MOVABLES may be acquired by acquisitive prescription of _______ or ________.

A

3 years

10 years

69
Q

In order to establish acquisitive prescription of a movable in three years, one must…..

A
  • posses the movable in good faith under an act sufficient to transfer ownership, without interruption for 3 years,
70
Q

In order to establish acquisitive prescription of a movable in ten years, one must….

This is because he lacks…..

A
  • posses the movable for 10 years

- good faith or a title transferring ownership

71
Q

Re: ownership in division

In the absence of other provisions of law or juridical act, the shares of all co-owners are presumed—–

A

equal

72
Q

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….

A

in proportion to their ownership

costs or production

73
Q

True or false? A co-owner has the right to use and enjoy the thing as is he were the sole owner.

A

True

74
Q

Define servitude

A

A charge or burden upon a thing, usually an immovable, for the benefit of another person or another estate.

75
Q

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

A

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

76
Q

Mary donates to John all the Exxon stock she will inherit from her father. Is this a valid donation? Why or why not?

A

No, because Mary can donate the stock once she owns it, but not before. You cannot do ate future property.

77
Q

A donation in which the donor has the right to revoke the donation at any time is valid, because…..

A

TRICK! It’s not valid. Can’t make donations with conditions that depend solely on the will of the donor.

78
Q

Form, especially in regard to donations, includes ________ and ________

A

Formalities and rituals

LA Notary (7 decks)

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