Louisiana Property Flashcards
Under LA law, “things” are classified under what 3 categories:
Common, public or private
Corporeal or incorporeal
Moveable or immovable
incorporeal things are those that…
incorporeal things are things that do not have a body, but are comprehended solely by understanding
examples of incorporeal things include:
rights of inheritance, obligations, servitudes, property actions
Corporeal things are those that…
can be felt or touched
What is an “incorporeal immovable”?
incorporeal immovables are rights or actions that apply to immovables (ex: mineral servitudes, mineral royalties, mineral leases)
what is an “incorporeal moveable”?
incorporeal movables are rights or actions that apply to a movables (ex: usufruct over a car; interest in a corporation)
List the 5 things that are ALWAYS classified as “immovables”
- Land
- Buildings
- Standing Timber
- Integral Parts (of immovables)
- Permanent Attachments under Art 466
List the things that may be considered immovable depending on unity of ownership:
- other construction permanently attached (OCPA)
2. unharvested crops and ungathered fruits
If a structure is considered to be an “other construction permanently attached,” when will it be deemed immovable?
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.
Describe the 2 ways in which a building would be classified as immovable
- 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
- 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*
Describe the 2 ways in which standing timber would be classified as immovable
- 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
- 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*
What are the 4 tests for determining whether a thing qualifies as a component part?
- First, is it an integral part of the land/building/construction under Art 465?
(merger and loss of identity) - Second, is it a component part of a building under Art 466 para. 1?
- Third, is it a component part of a OCPA under Art 466 para 2?
- Fourth, is it a component part of either a building or OCPA under Art 466 para 3?
How might a thing qualify as a component part under the INTEGRAL PARTS test?
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)
Alluvion and dereliction that form along the banks of a river or stream belong to:
The riparian landowner
Formal dedication of a road for public use occurs when:
There is a valid donation through a written act
List the things that are ALWAYS classified as immovables under LA Law
- land and its component parts
- buildings
- standing timber
Define “fruits”:
Fruits are things derived from another thing without diminishing its substance
When are transfers of immovables effective as to third parties?
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
ownership of the same thing by 2 or more persons is called:
ownership in indivision
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?
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.
Ownership is a bundle of rights that consist of usus, fructus and abusus. Naked ownership includes which of these rights?
Abusus
Define predial servitude
A predial servitude is a charge on a servient estate for the benefit of a dominant estate
Define personal servitude
A personal servitude is a charge on a thing for the benefit of a person
List some examples of affirmative conventional servitudes:
right of way, drain, and support
A ____ may NOT establish a conventional predial servitude
usufructuary
When might a usufructuary be able to make improvements or alterations to the property
A usufructuary may make improvements or alterations to a property if:
- naked owner gives written consent or
- 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
A naked owner may not:
a naked owner may not:
- make alterations on the property
- interfere with the enjoyment of the usufruct
- affect the usufruct
Can 2 people be in possession of the same property at the same time for purposes of acquisitive prescription?
NO- 2 people cannot be in possession of the same property at the same time for purposes of acquisitive prescription
Is irregular possession sufficient to acquire an immovable by acquisitive prescription?
NO- irregular possession is NOT sufficient to acquire an immovable by acquisitive prescription
Ownership and other real rights in immovables can be acquired by 30-year prescription without the need of either:
- possession in good faith or
2. just title to the property
List the three requirements for 3-year acquisitive prescription of a movable
- possession as owner without interruption for 3 years;
- good faith; and
- a juridical act sufficient to transfer ownership
