Acquisitie Prescription Immovables Flashcards
Justifications
Administrative model - helps cure common conveyance problems. encourages carefulness
Developmental model - dont sleep on your rights - encourages people to keep land in use
Limitations model - stability from statute of limitations, no need for memory, lost records
30 year immovable acquisitive prescription
ownership and other real rights with 30 years with NO just title or possession in GF
Things susceptible to prescription:
private things, private things owned by political subdivision of state. NOT PUBLIC THIGNS
How to possess for acquisitive prescription
Actual possession is determined according to nature of property. Corporeal or civil possession preceded by corporal. Possession must be uninterrupted, peaceable, public and unequivocal.
NO PRECARIOUS POSSESSORS (no intent to own)
10 year acquisitive prescription
10 years, just title, GF, and thing itself susceptible to acquisitive prescription.
Begins day takes possession
Just tile is
juridical act, sufficient to transfer ownership or real right, must be in valid form and filed for registry in the conveyance records of parish where immovable is situated
Quitclaim deed
A right transferred without warranting the existence of such a right.
So transferor does not owe restitution. Does not give to a presumption of bad faith for the purposes of just title in acquisitive prescription.
GF acquisitive prescription means
a possessor is in GF when they reasonably believe, in light of objective considerations, that he is owner of the thing he possesses.
Personhood model
expectation of community, family friends etc believe the property belongs to possessor
Presumption of GF is
presumed. Either error of law or fact defeats this presumption.
Tacking is what
Allows a possessor who acquires possession by title to connect or cumulate the time with his own. Requires a juridical act between possessors, can be down by universal or particular title.
Universal and particular title is
universal successor = the person who takes the place of another, universal legatee or heir.
particular successor = buyer, donee, or legatee of particular things, traferee
Possession is continued in both universal and particular
mechanics or tacking
juridical link - privity of contract, or indentification in interests as to represent legal right (quitclaim)
Particular successor of precarious possessor
A particular successor of precarious possessor who takes possession under an act translative of ownership possess for himself, and prescription runs in favor from the commencement of possession.
How long to bring action for damages to immovable property?
1 year
