Louisiana Property

Question 1

Under LA law, “things” are classified under what 3 categories:

Answer 1

Common, public or private
Corporeal or incorporeal
Moveable or immovable

Question 2

incorporeal things are those that…

Answer 2

incorporeal things are things that do not have a body, but are comprehended solely by understanding

Question 3

examples of incorporeal things include:

Answer 3

rights of inheritance, obligations, servitudes, property actions

Question 4

Corporeal things are those that…

Answer 4

can be felt or touched

Question 5

What is an “incorporeal immovable”?

Answer 5

incorporeal immovables are rights or actions that apply to immovables (ex: mineral servitudes, mineral royalties, mineral leases)

Question 6

what is an “incorporeal moveable”?

Answer 6

incorporeal movables are rights or actions that apply to a movables (ex: usufruct over a car; interest in a corporation)

Question 7

List the 5 things that are ALWAYS classified as “immovables”

Answer 7

1. Land
2. Buildings
3. Standing Timber
4. Integral Parts (of immovables)
5. Permanent Attachments under Art 466

Question 8

List the things that may be considered immovable depending on unity of ownership:

Answer 8

1. other construction permanently attached (OCPA)

2. unharvested crops and ungathered fruits

Question 9

If a structure is considered to be an “other construction permanently attached,” when will it be deemed immovable?

Answer 9

IF the other construction permanently attached to the ground is owned by the owner of the ground, it is immovable as a component part of the tract of land.

IF the OCPA is owned by someone other than the owner of the ground, it is moveable.

Question 10

Describe the 2 ways in which a building would be classified as immovable

Answer 10

1. If the building is owned by the owner of the ground (unity of ownership), then the building is immovable because it is a component part of the tract of land
2. If the building is not owned by the owner of the ground (no unity of ownership) then the building is a separate immovable
   * REGARDLESS, A BUILDING IS ALWAYS IMMOVABLE*

Question 11

Describe the 2 ways in which standing timber would be classified as immovable

Answer 11

1. If the standing timber is owned by the owner of the ground (unity of ownership), then the standing timber is immovable because it is a component part of the tract of land
2. If the standing timber is not owned by the owner of the ground (no unity of ownership) then the standing timber is a separate immovable
   * REGARDLESS, STANDING TIMBER IS ALWAYS IMMOVABLE*

Question 12

What are the 4 tests for determining whether a thing qualifies as a component part?

Answer 12

1. First, is it an integral part of the land/building/construction under Art 465?
   (merger and loss of identity)
2. Second, is it a component part of a building under Art 466 para. 1?
3. Third, is it a component part of a OCPA under Art 466 para 2?
4. Fourth, is it a component part of either a building or OCPA under Art 466 para 3?

Question 13

How might a thing qualify as a component part under the INTEGRAL PARTS test?

Answer 13

Things incorporated into a tract of land, building or construction, so as to become an integral part of it, are its component parts

To be an integral part, there must be a merger and a loss of separate identity

(ex: in-ground swimming pool)

Question 14

Alluvion and dereliction that form along the banks of a river or stream belong to:

Answer 14

The riparian landowner

Question 15

Formal dedication of a road for public use occurs when:

Answer 15

There is a valid donation through a written act

Question 16

List the things that are ALWAYS classified as immovables under LA Law

Answer 16

1. land and its component parts
2. buildings
3. standing timber

Question 17

Define “fruits”:

Answer 17

Fruits are things derived from another thing without diminishing its substance

Question 18

When are transfers of immovables effective as to third parties?

Answer 18

transfers of immovables are effective as to third parties when an appropriate instrument is filed in the conveyance office of the parish in which the immovable is situated

Question 19

ownership of the same thing by 2 or more persons is called:

Answer 19

ownership in indivision

Question 20

Brownacre is owned by Harper and Dawn. Harper lives there for a year and spends $3,000 making substantial alterations to Brownacre that are consistent with the use of the property.

May Dawn demand demolition of the improvements?

Answer 20

NO- Dawn must keep the alterations and reimburse Harper. When substatial alterations or improvements are made to co-owned property that are consistent with the use of the property, co-owners may NOT demand demolition and removal.

Question 21

Ownership is a bundle of rights that consist of usus, fructus and abusus. Naked ownership includes which of these rights?

Answer 21

Abusus

Question 22

Define predial servitude

Answer 22

A predial servitude is a charge on a servient estate for the benefit of a dominant estate

Question 23

Define personal servitude

Answer 23

A personal servitude is a charge on a thing for the benefit of a person

Question 24

List some examples of affirmative conventional servitudes:

Answer 24

right of way, drain, and support

Question 25

A ____ may NOT establish a conventional predial servitude

Answer 25

usufructuary

Question 26

When might a usufructuary be able to make improvements or alterations to the property

Answer 26

A usufructuary may make improvements or alterations to a property if:

1. naked owner gives written consent or
2. if naked owner refuses to consent, usufructuary can still make, at his own cost, any improvements that a prudent admin would make, after giving notice to the naked owner and obtaining court approval

Question 27

A naked owner may not:

Answer 27

a naked owner may not:

1. make alterations on the property
2. interfere with the enjoyment of the usufruct
3. affect the usufruct

Question 28

Can 2 people be in possession of the same property at the same time for purposes of acquisitive prescription?

Answer 28

NO- 2 people cannot be in possession of the same property at the same time for purposes of acquisitive prescription

Question 29

Is irregular possession sufficient to acquire an immovable by acquisitive prescription?

Answer 29

NO- irregular possession is NOT sufficient to acquire an immovable by acquisitive prescription

Question 30

Ownership and other real rights in immovables can be acquired by 30-year prescription without the need of either:

Answer 30

1. possession in good faith or

2. just title to the property

Question 31

List the three requirements for 3-year acquisitive prescription of a movable

Answer 31

1. possession as owner without interruption for 3 years;
2. good faith; and
3. a juridical act sufficient to transfer ownership