Code I (LA Property) Flashcards
Common Things
may not be owned by anyone (air and high seas)
Public
vested in the state or one of its political subdivisions in it public capactiy
Private
owned by private individuals or the state in its public capacity
Sea
territorial seas and water overflowed by tides of the gulf are public
Seashore
space of land over which waters of the sea spread at high tide are public
Navigable Rivers and Streams
waters and bottoms of natural navigable water bodies are public things
Beds of navigable rivers and streams
state owns the beds to the ordinary low water mark
Banks of navigable rivers and streams
Between ordinary high and low water mark are private things subject to public use incidental to navigation on the stream
Non-navigable rivers and streams
waters are public but the beds are owned privately to the middle
Lakes
waters and bottoms of natural navigable lakes in LA are public
state owns land lying below the ordinary low water mark
Accretion
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
Alluvion
build up of soil on bank of a river or stream
riparian owns
Dereliction
receding of water from the bank of any body of water
state owns if on body of water other than river or stream (Riparian)
Erosion
when land subsides resulting in once dry land now permanently submerged in the river bed
State owns land if on navigable water body
Avulsion
identifiable piece of ground is moved from one place to another by sudden action
original owner owns
Change of Course
all who lost land will be able to take from old riverbed in proportion to land lost
Roads
Public or Private
Incorporeal
no body
Corporeal
have body
Immovables
some things are always immovable. while some are depending on circumstances
Always Classified as Immovables
- Land
- Buildings
- Standing Timber
- Integral Parts
- Permanent Attachments
Land
tracts of land with their component parts are immovables
Buildings
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
Standing Timber
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
Integral Parts
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
Permanent Attachments
- Things that complete a building (windows, doors, pumbling)
- Serve principal use of other construction (use of part is critical)
- Things that cannot be removed w/o substantial damage (regardless of purpose)
Other constructions Permanently Attached to Ground
unity of ownership = immovables
no unity of ownership = movables
Unharvested Crops and Ungathered Fruits
unity of ownership = immovables
no unity of ownership = movables
Immovables by declaration
- owner of the immovable owns the thing
- immovable is not a private residence
- thing is placed on the immovable for the service and improvement of the immovable
- Declaration is registered in the conveyance records where immovable is located
Deimmobilization of Component Part
- Damage to no longer serve use
- Detachment and Removal (except detachment for repair)
Movables
Anything not immovable is movable
Accession
ownership of a thing includes by accession everything that it produces or is united with it subject to exceptions
Fruits
derived from or produced by another without diminution of it substance
Possessor’s Rights to Fruits
