Code I (LA Property)

Question 1

Common Things

Answer 1

may not be owned by anyone (air and high seas)

Question 2

Public

Answer 2

vested in the state or one of its political subdivisions in it public capactiy

Question 3

Private

Answer 3

owned by private individuals or the state in its public capacity

Question 4

Sea

Answer 4

territorial seas and water overflowed by tides of the gulf are public

Question 5

Seashore

Answer 5

space of land over which waters of the sea spread at high tide are public

Question 6

Navigable Rivers and Streams

Answer 6

waters and bottoms of natural navigable water bodies are public things

Question 7

Beds of navigable rivers and streams

Answer 7

state owns the beds to the ordinary low water mark

Question 8

Banks of navigable rivers and streams

Answer 8

Between ordinary high and low water mark are private things subject to public use incidental to navigation on the stream

Question 9

Non-navigable rivers and streams

Answer 9

waters are public but the beds are owned privately to the middle

Question 10

Lakes

Answer 10

waters and bottoms of natural navigable lakes in LA are public

state owns land lying below the ordinary low water mark

Question 11

Accretion

Answer 11

build up of soil on bank of water that is NOT a river or stream (lake/sea??)

state owns if on body of water other than river or stream

Question 12

Alluvion

Answer 12

build up of soil on bank of a river or stream

riparian owns

Question 13

Dereliction

Answer 13

receding of water from the bank of any body of water

state owns if on body of water other than river or stream (Riparian)

Question 14

Erosion

Answer 14

when land subsides resulting in once dry land now permanently submerged in the river bed

State owns land if on navigable water body

Question 15

Avulsion

Answer 15

identifiable piece of ground is moved from one place to another by sudden action

original owner owns

Question 16

Change of Course

Answer 16

all who lost land will be able to take from old riverbed in proportion to land lost

Question 17

Roads

Answer 17

Public or Private

Question 18

Incorporeal

Answer 18

no body

Question 19

Corporeal

Answer 19

have body

Question 20

Immovables

Answer 20

some things are always immovable. while some are depending on circumstances

Question 21

Always Classified as Immovables

Answer 21

1. Land
2. Buildings
3. Standing Timber
4. Integral Parts
5. Permanent Attachments

Question 22

Land

Answer 22

tracts of land with their component parts are immovables

Question 23

Buildings

Answer 23

Always immovable when no unity of ownership between building and ground, it is a separate immovable

with unity of ownership it is a component part of the land

Question 24

Standing Timber

Answer 24

no unity of ownership = separate immovable

unity = component part of the land

owner of land may compel owner of standing timber to remove within a reasonable time

Question 25

Integral Parts

Answer 25

incorporated into a tract of land, building, or other construction in such a way as to become an integral part of the thing is a component part of the thing

Question 26

Permanent Attachments

Answer 26

1. Things that complete a building (windows, doors, pumbling)
2. Serve principal use of other construction (use of part is critical)
3. Things that cannot be removed w/o substantial damage (regardless of purpose)

Question 27

Other constructions Permanently Attached to Ground

Answer 27

unity of ownership = immovables

no unity of ownership = movables

Question 28

Unharvested Crops and Ungathered Fruits

Answer 28

unity of ownership = immovables

no unity of ownership = movables

Question 29

Immovables by declaration

Answer 29

1. owner of the immovable owns the thing
2. immovable is not a private residence
3. thing is placed on the immovable for the service and improvement of the immovable
4. Declaration is registered in the conveyance records where immovable is located

Question 30

Deimmobilization of Component Part

Answer 30

1. Damage to no longer serve use
2. Detachment and Removal (except detachment for repair)

Question 31

Movables

Answer 31

Anything not immovable is movable

Question 32

Accession

Answer 32

ownership of a thing includes by accession everything that it produces or is united with it subject to exceptions

Question 33

Fruits

Answer 33

derived from or produced by another without diminution of it substance

Question 34

Possessor’s Rights to Fruits