Property Flashcards
Under the code, the state owns:
a. the banks of any river that is naturally navigable
b. the portion of the seashore over which the tide waters of the sea spread during winter
c. common things such as high seas
d. public things such as streets and public squares
D. public things such as streets and public squares
True or False:
The state owns the beds of navigable rivers from the high ordinary water mark on one side to the other side
False. For a navigable river, the state owns to the low water mark. lakes and seashore to the high water mark.
List four methods by which a private thing may be dedicated to private use
- Formal dedication
- Statutory dedication (most common, plat filed)
3 . tacit dedication (gov. maintains service for three years) - implied dedication (based in contract, adverse possession)
Is living quarters (a building) classified as an immovable or movable?
Immovable, because buildings are always immovable. Criteria for building: inhabited by people, expense to build, permanence, and under prevailing notions it is a building.
What things are always classified as immovable?
Land with their component parts( this includes buildings, other constructions, standing timber, and ungathered crops..if there is unity ofownership) Buildings (inhabited by people, cost, permanence, prevailing notions of what constitutes building) Standing timber (note difference in unity makes difference in component part or separate movable classification)
How will compressors on drilling platform be classified?
They could be classified as component parts of an immovable (if the other construction it is on is considered movable, its accessories follows the same test)
Test for component part or accessories:
1. Does item serve the principal use of the movable/ immovable (drilling platform)
OR
2. Its removal would cause substantial harm to it or the movable/ immovable (platform)
Under the code, the platform is classified as? (No unity of ownership)
a. immovable bc permanently attached to the ground
b. immovable bc it has a building located on platform
c. movable bc it is not owned by the owner of the ground and is not considered a building
d. movable bc it is considered an other construction permanently attached to the ground
C. The platform is an other construction permanently attached to the ground which is classified as immovable if it is a component part of the tract of land. If not a component part, it is movable. Here it is not owned by the owner of the land so it is movable.
How will drilling platform be classified (no unity of ownership)
Owner does not own seabed, which is a public thing owned by the state. The platform will be an other construction permanently attached to the ground, due to its permanence and integration with seabed. Since there is no unity of ownership between the ground and construction, the drilling platform is not a component part of the ground and is classified as a movable.
Under the code the bunkhouse/messhall is classified as:
a. immovable bc permanently attached to ground
b. immovable bc considered a building
c. movable bc not owned by owner of ground
d. movable bc constitutes a component part of platform
b. immovable bc considered a building. (the Supreme Court held a three story high living quarters unit on drilling platform was a building. and building is always immovable)
Under code shower is classified as:
a. immovable bc permanently attached to ground
b. immovable bc component part of building
c. movable no unity of ownership
d. movable bc component part of platform
b. immovable bc it constitutes a component part of building (incorporated into building so it becomes integral part of, attached to a residential building and under prevailing notions it completes a building of this general type, and removal would cause substantial harm to it or building)
What is a component part?
Integral part of land, building, or other construction in such a way as to become integral part of thing into which it is incorporated
Test for component parts
- Completes a building (things attached to a building and according to prevailing use serve to complete a building of that same general type like doors, shutters, etc… types like house, commercial, etc)
- things that serve the principal use of an “other construction”: things attached to a construction other than a building and serve its principal use
- Things that cannot be removed without substantial damage to the building or other construction
* may meet any of the three test*
What is key to classification of an other construction permanently attached to the ground?
The classification of constructions other than buildings that are permanently attached to the ground turns on unity or separateness of ownership. If unity of ownership, it is immovable because it becomes a component part of land. No unity makes it a movable.
Define corporeal immovables and give example
corporeal (tangible, real) immovable- cannot be moved from place to place
ex. building
T or F;
Building restrictions are classified as incorporeal immovables.
True. Though the classification of building restrictions is expressly provided for in code, all real rights that pertain to immovables are classified as incorporeal immovable.
