Co-Owners of Immovables

Question 0

What procedures may be used to get partition?

Answer 0

1. Voluntary partition agreed to by all owners

2. If not able to get voluntary, one co owner may demand judicial partition.

Question 1

Is a no partition agreement enforceable?

Answer 1

The agreement is not enforceable if it attempts to never partition the tract. No one can be compelled to hold property in indivision with another person unless it has been agreed to or is provided by law. The means to effect division of co owned property is to partition. However, partition could be excluded by agreement for up to 15 years, and no more. While this agreement violates article 807, it is possible a court will enforce for up to 15 years.

Question 2

How will land be divided in judicial partition?

Answer 2

1. Partition in kind
2. if not available due to topography, then partition by licitation (public sale) or private sale, and proceeds distributed to co owners

Question 3

Do siblings have a right to compel another sibling co owner his co owned interest to them in a private sale?

Answer 3

No. That sibling may sell or donate his undivided interest to anyone he likes and there is nothing the other siblings can do. The fact they collectively control a majority is not a factor. However, once partition becomes available, any co owner coudl file a suit for partition and in that suit the court might ultimately order sale, private or licitation

Question 4

May co owners develop gas station or strip mall on tract?

Answer 4

Substantial alteration of a co owned thing requires consent of all owners. When a co owner (s) make substantial improvements without the consent of all co owners, the legal effects depend on whether there was objection or it is consistent with use of property.

1. if no objection, and consistent with use- may not compel removal and may have to contribute depending on whether the property was enhanced
2. If objection or not consistent with use, rigths are governed by principles of bad faith possessor… they may compel removal and damages or chose to keep and contribute

Question 5

What is co owners right to use and manage tract.

Answer 5

co owners may use as agreed to, or if no agreement, according to destination of the thing. The court will determine use and management of the thing only where partition is not available. Generally, one co owner cannot prevent another from making use of the property according to its destination.

Question 6

Discuss fruits and products of a co owned things

Answer 6

generally if fruits or products of a co owned thing are produced by one co owner, then all share in proportion to their ownership, after deduction for cost of production.

Question 7

Is a co owner entitled to reimbursement for expenses?

Answer 7

Yes if they are necessary expenses or ordinary maintenance and repairs, subject to a reduction equal to the value of his exclusive enjoyment.

Question 8

Immediately on expiration of oil and gas lease

a. oil company may remove platform at oil company expense with or without consent
b. landwoner may remove at oil company expense
c. landowner may remove platform at landowner expense
d. landowner becomes owner

Answer 8

a. oil company may remove platform at oil company expense, with or without landowner consent.