Ownership, Division of Things, MICI, Accession Flashcards
Ownership confers on a person
direct, immediate, and exclusive authority over a thing, the owner may use, and enjoy, and dispose of it within the limits of the law
Rights in things
- ownership 2.Personal Servitude 3. Other real rights as the law allows.
Nature of possession
possession is a matter of fact, nevertheless, one who has possessed a thing for over a year acquires the right to possess it
Things are divided into
common, public, and private, corporeal and incorporeal, and movables and immovables
Common things may
NOT be owned by anyone, ie air high seas
Public things are
owned by the state, ie running waters, bottoms of navigable water ways
public things that may be long to political subdivisions
streets, public squares
private things are
owned by individuals, other private persons, and by the state or political subdivisions in their capacity as private persons.
Private things subject to public use
in accordance by law or dedication
Dedication is
irrevocable
tacit dedication
results from maintenance of streets or alleyways by the public for 3 years with actual or constructive notice to the owner
transfer of immovable property, valid forms:
authentic act (notary 2 witnesses) or act under private signature
Incorporeal movables
things that have no body but are comprehended by the understanding such as rights and obligations
Incorporeal immovables
things have no body, but are comprehended by the understanding of such rights, personal servitudes, predial servitudes, petitory and possessory action
Written from required by law
when a law requires a contract to be in written form, the contract may not be prove by testimony or by presumption, unless the written instrument has been destroyed, lost or stolen
Component parts of tracts of land
buildings, OCPAG
buildings and standing timber are
separate immoables
movables by anticipation
unharvest crops, unfathered fruit, when they belong to a person rather than the landowner
Transfer or Encumbrance of an immovable,
the transfer or encumbrance of an immovable includes its component parts.
Things incorporate into an immovable
Things incorporated into a tract of land, a building or other instruction so as to become part of it are component parts
Immovables by declaration
the owner may declare machinery, appliances, placed on the the immovable, other than his private residence, of its service and improvement to be deemed as component parts. MUST be fined in conveyance records in the the parish where immovable is located
Building materials
generally immovables if the purpose that its for repairs or contruction of the immoable
Deimmobilization
Components parts that are so damaged that they no longer service the immovable are demobilized. 3 pathways - 1. physical transformation 2. Transfer and delivery, owner transfers ownership to a third party through act translative of ownership and delivers 3. detachment and removal, only if no third party right exists
Accession is
the ownership everything a thing produces or is united with in the accordance with 1. some accessional force 2. a new thing (accessional thing) 3. another more prominent thing is united or connected to in some fashion, principal thing 4. a least two interested persons, the owner of the principal thing and person whose labor or efforts somehow responsible of the creation of the accessory thing.
Fruits
things derived from another thing without diminishing its substance
Natural vs Civil fruits
Natural = products of earth or animals
Civil = revenues derived from a thing by operation of law or by reason of juridical act
Products
derived from another thing, substance inherently diminished, minerals topsoil etc
True/Adverse Possesser
someone who possess a thing with intent to become its owner. Adverse can be GF or BF
possessor in GF
- possess by an act translative of ownership 2. no knowledge of defects in ownership
BF possesser
lacks act translative of ownership, or is aware of defects
Precarious Possessor
who has physical detention with with permission of owner, no intent to own
Ownership of fruits
absence of rights or other person, owner acquires ownership
Fruits produced by third person
when fruits are produced by a 3rd person, or by seeds sown by him, the owner may retain them on reimbursing such persons his expenses
GF possessors rights to fruits
acquires ownership of fruits he has gathered, if he is evicted he is entitled to expenses for fruits he was unable to gather
BF possessors rights to fruits
bound to restore owner the fruits or value, subject to a claim for reimbursement of expenses
Products
products derived from a thing belong to owner, GF possessors have right to reimbursement of expense, BF get nothing
Buildings, other constructions, standing timber and crops
are presumed to be owned by owner of land. Rebutt by proving ownership by an instrument evidencing separate ownership.
Ownership of improvements
Buildings, OCPAGS, plantings belong to he who made them WITH consent of owner.
WITHOUT consent they belong to owner of ground.
When owner of buildings, OCPAGS or plantings no longer has right to keep them…
he may remove them subject to his obligation to restore property to former condion
If owner does not remove the large scale improvements them….
owner may of land may send a written demand, wait 90 days, then additional written notice by certified mail, then they are his.
Things incorporated into immovable with consent
improver may remove them subject to obligation of restoring property.
If improver does not the remove them.. owner may have them removed at expense of the improver, or keep them and pay current value for materials or enhanced value of the immovable
Improvements by adverse possessor in GF
Owner may not demand removal, he keep them and either (1) pay possessor the cost of materials or (2) current value or (3) enhanced value of the immpvable
Improvements by adverse possessor in BF
owner may (1) keep them) or (2) demand removable and at expense of possessor, AND damages .
If not demolition and removal, owner is bound pay either (1) current value or (2) enhanced value of immovable
Alluvion and Dereliction
Alluvion and dereliction belong to owner of the bank where occurs.
No allusion or dereliction on sea or lakes
