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LA Notary > (9) Servitudes > Flashcards

(9) Servitudes Flashcards

1
Q

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

A

Servitude

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2
Q

What are the two kinds of servitudes.

A

personal and predial

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3
Q

What is a personal servitude?

A

charge on a thing for the benefit of a person

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4
Q

Name the three types of personal servitudes…

A

usufruct, habitation, rights of use

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5
Q

What is a predial servitude?

A

A charge on a servient estate for the benefit of a dominant estate. The estates must belong to two different owners.

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6
Q

When is a servitude presumed to be a predial servitude?

A

When the right granted be of a nature to confer an advantage on an estate

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7
Q

Re: Servitudes

True or False? When the right granted is merely for the convenience of a person, it is not considered to e a predial unless it is acquired by a person as owner of an estate for himself, his heirs and assigns

A

True

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8
Q

What are the three types of personal servitudes?

A

usufruct, habitation, right of use

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9
Q

Right of limited duration on the property of another

A

usufruct

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10
Q

Is usufruct corporeal or incorporeal?

Movable or immovable?

A

incorporeal

either

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11
Q

The person to whom a usufruct is granted

A

usufructuary

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12
Q

Can the usufructuary sell, donate, lease or encumber his right?

A

Yes

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13
Q

During the existence of the usufruct, can the naked owner sell or donate his naked ownership?

If so, how does it affect the rights of the usufructuary?

A

Yes

It doesn’t

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14
Q

True or false? The naked owner must not interfere with the rights of the usufructuary.

A

True

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15
Q

When the usufructuray sells or otherwise disposes of the property, or if it is destroyed, the usufruct transfers to….

A

the proceeds derived fro m the sale or insurance.

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16
Q

A thing that cannot be used without being expended or consumed, or without their substance being changed.

Give an example.

A

Consumable things

Money, harvested agricultural products, foodstuffs and beverages

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17
Q

Things that may be used without alteration of their substance or without being consumed or expended.

Give an example.

A

Non consumable things

land, houses, animals, furniture, cars

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18
Q

If the things subject to the usufruct are consumable, the ____________becomes the owner of them.

A

usufructuary

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19
Q

If the thing subject to the usufruct is noncomsumable, the usufructuary has the right to…..

A

posses and use the thing to the exclusion of the naked owner and enjoy the civil and natural fruits it may produce

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20
Q

The usufructuary has the obligation to preserve the _______of nonconsumable things.

A

substance

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21
Q

Does the right of usufruct extend to accessories of the thing at the commencement of the usufruct?

A

Yes

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22
Q

Natural fruits not served at the end of the usufruct belong to the __________.

A

naked owner

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23
Q

The usufructuary acquires the ownership of civil fruits accruing during the existence of the usufruct.

How do these civil fruits accrue?

A

day by day

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24
Q

True or false? The usufructuray entitled to the civil fruits of the land regardless of when they are received.

A

True

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25
Q

A cash dividend declared during the existence of the usufruct belongs to the ____________.

A

Usufructuary

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26
Q

A liquidation dividend or a stock redemption payments belongs to the _________subject to_____.

A

naked owner

the usufruct

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27
Q

A stock warrant and a subscription right declared during the existence of the usufruct belong to ________,

Are they subject to the usufruct?

A

the naked owner

no

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28
Q

Stock dividends and stock splits declared during the existence of the usufruct belong to the _________ subject to _________.

A

naked owner

the usufruct

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29
Q

The naked ownership may be partitioned subject to……

A

the rights of the usufruct.

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30
Q

A usufruct may be established either by what three means?

A
  1. juridical act during the life if the grantor
  2. the grantor’s express statement in his last will and testament
  3. by operation of law
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31
Q

When a usufruct is established by operation of law, it is called a _____ _______.

A

Legal usufruct

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32
Q

Usufruct may be established by a juridical act either ____ _____ or ____ ____, which means…..

A

inter vivos or mortis causa

inter vivos - during the lifetime of
mortis causa- upon the death of

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33
Q

A usufruct created by juridical act is called _____________.

A

Conventional

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34
Q

A usufruct created by operation of law is called

A

legal

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35
Q

The usufruct of parents over the property of their minor child has been repealed and replaced with a ________ ________ ________ _________.

A

parental right of administration

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36
Q

If the usufruct of a deceased spouse is survived by descendants, the surviving spouse SHALL/SHALL NOT have a usufruct over the decedent’s share of the community property to the extent that the decedent has not……

A

shall

disposed of it by testament

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37
Q

When does the usufruct of a surviving spouse terminate?

A

when the surviving spouse dies or remarries, whichever occurs first

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38
Q

In the case of juridical persons, when does a usufruct extend until?

A

30 years from it’s effective date or when the juridical persons cease to exist

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39
Q

In the case of a natural person, a usufruct extends until……

A

the death of the usufructuary

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40
Q

The right of usufruct expires upon….

A

the death of the usufructuary

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41
Q

A usufruct IS/IS NOT heritable…..

what does this mean?

A

is not

the usufructuary may not transfer his rights to successors

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42
Q

The usufructuary shall cause an __________ to be made of the property subject to the usufruct. Who conducts this?

A

Inventory

A notary public

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43
Q

The inventory of property required of a usufructuary is of the same nature and governed by the same procedures regarding inventory of _____ ______.

A

succession property

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44
Q

Re: usufructuaries What may substitute as a formal inventory?

A

a sworn, detailed, descriptive list passed before the notary public

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45
Q

A descriptive list in lieu of inventory must be

3 things) and then filed (2 things

A
  1. Be sworn to and subscribed by the person filing it
  2. show the location of all items of succession property
  3. set forth the fair market value of each item at the date of the death of the deceased
  4. with the department of Revenue
  5. in the succession proceeding
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46
Q

IN order to protect the interests of the naked owner, the usufructuray is required to provide …….unless…..

A

security equal to the total value of the property
unless
dispensed with by law or by the grantor of the usufruct

47
Q

True or false? A seller or donor of property under reservation of usufruct is not required to give security.

A

True

48
Q

The usufructuary is responsible answerable for losses resulting from his (3 things)

A

fraud, default or neglect

49
Q

Who is responsible for ordinary maintenance and repairs for keeping to property subject to the usufruct in good order?

A

the usufructuary

50
Q

Repairs for the reconstruction of the while or of a substantial part of the property subject to the usufruct are called……

What are all other repairs called?

Who is responsible for each?

A

Extraordinary repairs (naked owner is responsible, unless fraud, default or neglect is the cause)

ordinary repairs (the usufruct is responsible)

51
Q

The nontransferable right of a natural person to dwell in the house of another.

A

Habitation

52
Q

___________ is created and extinguished in the same manner as usufructs, but never arises as an operation of law..

A

Habitation

53
Q

The right of habitation terminates…….unless……

A

at the death of the person having it
unless
a shorter period is stipulated

54
Q

Unlike usufruct, the right of habitation is not_________ but like usufruct, it is not _____________.

A

transferable

heritable

55
Q

True or false? The right of habitation is neither transferable nor heritable.

A

True

56
Q

The right to habitation extends to a person’s ________ even if he was not married at the time the right of habitation arose.

A

family

57
Q

Family includes…..

A

father, mother and children, but is also defined as all decadents of a particular person

58
Q

The personal servitude of __________confers in favor of a person a specified use of an estate less than the full enjoyment.

A

right of use

59
Q

The ____ ___ ______ may confer only an advantage tha may be established by a predial servitude.

A

right of use

60
Q

A right of use may be established in favor of _______or ________.

A

natural person or a legal entity

61
Q

True or false? A right of use includes the rights contemplated or necessary to enjoyment at the time of it’s creation as well as rights that may later become necessary under any circumstance.

A

False, rights that may later become necessary are included provided that a greater burden is not imposed on the property (unless otherwise stipulated)

62
Q

Right of use is transferable unless…..

A

prohibited by law or contract

63
Q

The right of use is not extinguished at death of the natural person or or at the dissolution of any other entity having the right unless the contrary is provided by law or contract. This makes it a _______ right.

A

heritable

64
Q

A charge on a servient estate for the benefit of a dominate estate when the two estates belong to different owners

A

Predial servitudes

65
Q

IN order for a predial servitude to exist, there must be a…..

A

benefit to the dominate estate

66
Q

Does a possible convenience or a future advantage suffice to support a predial servitude?

A

yes

67
Q

A predial servitude is a(n)______ _________ (type of thing)

A

incorporeal immovable

68
Q

True or false? Regarding a predial servitude, the servitude cannot be separated from the dominate estate.

A

True

69
Q

In regard to predial servitudes, the right of using the servitude ______ be alienated, leased or encumbered separately from the dominant estate.

A

cannot

70
Q

True or false? The predial servitude discontinues as a charge on the servient estate wen ownership changes.

A

False, it continues

71
Q

True or false? The use of a predial servitude may be limited to certain days or hours.

A

True

72
Q

Is a predial servitude indivisible?

A

Yes

73
Q

In reference to a predial servitude– If the dominant estate is divided, the servitude…..

A

remains due to each part

74
Q

What are the kinds of predial servitudes (3)?

A

natural, legal, conventional

75
Q

Which two types of servitudes may be altered by the agreement of the parties as long as the public interest is not adversely affected?

A

Legal and natural

76
Q

This predial servitudes arise from the natural situation of estates….

A

natural

77
Q

these predial servitudes are imposed by law….

A

legal

78
Q

These predial servitudes are established by a juridical act, prescription, or designation of the owner

A

Conventional or voluntary

79
Q

These servitudes may be altered by agreement of the parties if the public interest is not affected adversely

A

legal and natural

80
Q

What are the characteristics of a natural servitude? Given an example?

A

They arise from the natural situation of the estates and are not created by the operation of low, but recognized by the law as arising from the natural topography of the land

ie: servitude of natural drainage arising between estates with different elevations

81
Q

These predial servitudes are limitations on ownership that arise by operation oft he law for the benefit of the general public or particular persons.

Give examples

A

legal servitudes

ie: obligation to keep a building in repair as not to cause damage or injury; obligation not to use property in a manner that deprives a neighbor of the ability to enjoy his own property

82
Q

A fence on a boundary is presumed to be ______ unless their is proof to the contrary.

A

common

83
Q

A ditch between two estates is presumed to be _______unless there is proof to the contrary.

Who is responsible for the maintenance of this kind of ditch?

A

common

adjoining owners

84
Q

The owner or an estate that has no access to a public road or utility may claim a _____ _____ ______over neighboring property to the nearest public road or utility.

A

right of passage

85
Q

Is the owner of an estate who claims a right of passage over neighboring property bound to compensate his neighbor and indemnify him for damages he may cause?

A

Yes

86
Q

New or additional maintenance burdens imposed upon the servient estate or intervening lands resulting from the utility servitude shall be the responsibility of the __________.

A

Dominant estate

87
Q

These servitudes are not natural or legal and while they most frequently arise from juridical acts, they can also be acquired by acquisitive prescription.

A

Conventional or voluntary

88
Q

True or false? Conventional or voluntary predial servitudes may be established by an owner on his estate or acquired for it’s benefit.

A

true

89
Q

The use and extent of a conventional/voluntary predial servitude is regulated by……

or in the absence of that….

A

the title by which they are created

articles specified for that purpose

90
Q

Predial servitudes are established on, or for the benefit of, ______ _______ _________.

A

distinct corporeal immovables

91
Q

Servitudes are either _______ or __________ and ________ or __________.

A

Affirmative or negative

apparent and nonapparent

92
Q

A servitude that gives or grants a right to the owner of the dominant estate to do some act upon the serviant estate is a(n)…..

A

affirmative servitude

93
Q

A servitude that prohibits the owner of the servient estate from doing some act upon his estate that will benefit the dominate estate in some way is a(n)……

A

negative servitude

94
Q

Servitudes that are appreciable by exterior sings, works or constructions….

A

apparent servitudes

95
Q

A servitude that is not really ascertainable with the 5 senses…..

A

nonapparent servitude

96
Q

These predial servitudes may be acquired by title only, including a declaration of destination under Article 741.

A

Nonapparent servitudes

97
Q

How are predial servitudes established? (3)

A

Title
Destination of the owner
Acquisitive prescription

98
Q

A relationship between two estates owned by the same person that would be a predial servitude if the estates were owned by two different persons.

A

Destination of the owner

99
Q

In reference to destination of the owner:

A servitude that is not apparent will arise only of the owner has ….

A

filed a written act creating the servitude

for registry in the conveyance records of the parish where the immovable is located

100
Q

Only ____ and _____can create a servitude by title.

A

an owner

a naked owner of real estate

101
Q

True or false? A usufructuary cannot create a predial servitude.

A

True

102
Q

The title that establishes a servitude for the benefit of the dominant estate may also establish a servitude on the dominant estate for the benefit of the servient estate. This is known as…..

A

reciprocal servitudes

103
Q

When the title does not specify the location of the servitude, who determines the location?

A

The owner of the servient estate

104
Q

Name the 5 ways predial servitudes are extinguished.

A
  1. destruction of the dominant or servient estate
  2. prescription of nonuse
  3. confusion
  4. expiration of term or condition
  5. renunciation
105
Q

The prescription of non use does not run against this type of servitude.

A

Natural

106
Q

The prescription of nonuse in regard to predial servitudes is ____ years.

When does this begin?

A

10 years

For affirmative servitudes– from the date of their last use
For negative servitude– from the date of the occurrence of an event contrary to the servitude

107
Q

Re: predial servitudes

When the same person acquires the dominant and servient estates the servitude is extinguished by _______.

A

Confusion

108
Q

When the union of the dominant and servient estates of a predial servitude is made under resolutory conditions, or legal eviction, the servitude is ________.

A

suspended (rather than extinguished).

109
Q

Confusion DOES / DOES NOT take place between separate property and community property of the spouses.

A

Does not.

110
Q

Explain renunciation.

A

A servitude may be extinguished by an express and written renunciation by the owner of the dominant estate.

111
Q

Charges imposed by the owner of an immovable in furtherance of a general plan governing building standards, specific users and construction, and repair and maintenance of improvements are……

A

building restrictions

112
Q

Re: building restrictions

True or false? The plan must be feasible and capable of being preserved.

A

True

113
Q

How are building restrictions established?

A

juridical act executed by the owner of a immovable

114
Q

A building restriction is removed from one of the included immovables where a violation of that restriction is not corrected within ____ ______. This is called ______ _______.

A

two years

liberative prescription

LA Notary (7 decks)

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