Property Flashcards
Common Things
may not be owned by anyone and may be used freely by everyone in the manner that nature intended
Public Things
Are vested in the state or one of its political subdivisions in its public capacity.
Use of them is open to all, but may be restricted for the public’s benefit.
Public things include natural navigable waters, the territorial sea, seashore, highways, streets, and public squares.
Public things are inalienable.
Private Things
Are owned by private individuals or by the state or one of its political subdivisions in its private capacity.
Anything that is not common or public is private.
Private things are susceptible to alienation.
What type of property are the High Seas?
common thing
Territorial Sea
public thing
Territorial sea is: (i) the Gulf of Mexico within the territorial limits of the State of La, (ii) Lake Pontchartrain, and (iii) under the arms of the sea doctrine, those bodies of water in the vicinity of the open gulf that are directly overflowed by the tides.
What type of property is the Seashore?
public thing
The space of land over which the waters of the sea spread in the highest tide during the winter season.
The state’s ownership extends to that land normally covered by the waters of the Gulf during the high tides of the winter season.
Beds of Navigable Rivers
State owns these to the ordinary low water mark
Banks
The land between the ordinary high and low water mark.
When there is a levee established according to law, that establishes the bank.
Lakes
The state owns the bed of lakes to the high water mark.
Factors for determining whether something is a river or a lake
size and shape
depth
history
current
Accretion
the slow and imperceptible deposit of soil on land abutting a body of water
Alluvion
the accretion that forms successively and imperceptibly on the bank of a river or stream
Dereliction
the successive, imperceptible, and permanent receding of water from the bank of a river or stream
Division of Alluvion
If alluvion forms in front of the property of several owners, each owner is entitled to a fair proportion of the area of the alluvion and a fair proportion of the new frontage, depending on the relative values of the frontage and acreage.
Erosion
occurs when land subsides, resulting in once dry land being permanently submerged into the river bed.
When erosion occurs in any type of navigable water body, the state gains ownership of the submerged land.
Avulsion
If an identifiable piece of ground is moved from one place to another by the “sudden action” of the water of a river or stream, the original owner may claim it.
Suit must be brought within a year, or later if the owner of the bank to which the land has become united has not taken possession.
Change of Course
When a stream changes course, all who lost land in the process will be able to take from the abandoned riverbed in proportion to the land lost.
Dedication
Private property may be donated for public use through dedication.
Four types: formal, statutory, tacit, and implied.
Formal Dedication
Occurs when there is a valid donation through a written act.
Statutory Dedication
Occurs when there is substantial compliance with the statute, which requires the recordation of a map or plat that describes the land and dedicates it to public use.
This is the most common way that roads become public.
Tacit Dedication
If a governing authority maintains a road for more than three years, it becomes public through tacit dedication.
Implied Dedication
Requires the owner’s plain intent to dedicate the road and the public’s clear intent to accept.
Mere tolerance of public use does not give rise to implied dedication.
Incorporeal Things
Have no body and must be comprehended solely by understanding
Corporeal Things
Have a body and can be felt or touched
Buildings
always immovable
When there’s no unity of ownership between the ground and the building, the building is a separate immovable and is not a component part of the land.
When there is unity of ownership between the ground and the building, the building is still an immovable because it is a component part of a tract of land.
Other Constructions Permanently Attached to the Ground
If there’s unity of ownership, it’s an immovable because it’s a component part of the tract of land.
If there’s no unity of ownership, it’s movable.
Factors for determining whether something is a building OR an other construction permanently attached to the ground
whether it is to be inhabited by people
its cost
its size
its permanence
prevailing notions of what constitutes a building
Standing Timber
always immovable
When there’s unity of ownership, it’s immovable as a component part of the tract of land.
When there’s no unity of ownership, it’s a separate immovable which is not a component part of the tract of land.
Landowner’s right to demand removal of standing timber
The owner of the land can compel the owner of the separately owned timber to remove it within a reasonable time.
Component Parts
A thing that is incorporated into a tract of land, a building, or other construction in such a way as to become an integral part of the thing into which it is incorporated is a component part of that thing.
Factors for determining whether a thing has become a component part of a building or other construction
Is it a thing that’s attached to the building/other construction and does it, according to prevailing usages, serve to complete a building of the same general type, without regard to its specific use?
à doors, shutters, gutters, plumbing, heating
Is it a thing that’s attached to the building/other construction and does it serve the building/OC’s principal use? Ã a lightning rod installed on a water tower to protect the tower furthers its principal use and thus is a component part
Is it a thing that’s attached to the building/OC to such a degree that it can’t be removed without substantial damage to it or the building/OC?
Unharvested crops and Ungathered fruits of trees
If there’s unity of ownership, these are owned by the owner of the ground and are immovable as a component part of the tract of land.
If there’s no unity of ownership, they are movables.
Immovables by Declaration
Owners may “declare” and register things such as appliances, farm equipment, and machinery as component parts of an immovable.
Four conditions must be met: unity of ownership, immovable is not a residence, the component part is placed on the immovable for its service and improvement, and the declaration must be filed for registry in the conveyance records of the parish where the immovable is located.
Ways in which a component part of an immovable can be deimmobilized (converted from an immovable into a movable)
Damage: when the component part is so damaged or deteriorated that it can no longer serve the use of the immovable
Detachment and Removal: when the owner of the immovable detaches or removes a component part
* When third-party rights exist, detachment and removal generally do not deimmobilize a component part. Nonetheless, deimmobilization will occur, even to the prejudice of such third persons, when the owner of the immovable has transferred the thing and delivered it to an acquirer in good faith.
* Materials separated from a building for repair with the intention of returning them are not deimmobilized. They remain immovable.
Movables
Anything that is not immovable is movable.
Movables by Anticipation
Unharvested crops or ungathered fruits owned or encumbered by a security interest held by someone other than the landowner are “movables by anticipation.”
The owner of land can mobilize by anticipation crops or fruits that belong to him by an act translative of title or by granting a security interest.
Accession
Ownership of a thing includes by accession everything that it produces or is united with it, subject to certain exceptions.
Fruits
Things derived from or produced by another thing without diminution of its substance
Division of Fruits
One who is entitled to natural fruits during a particular period acquires ownership of any natural fruits gathered during the period.
One who is entitled to civil fruits during a particular period acquires ownership of any civil fruits that accrue during the period.
What is a possessor in good faith for fruits purposes?
A possessor in GF is one who possesses by virtue of an act translative of title and does not know of any defects in his title.
GF terminates when defects in title are made known to him or an action is instituted against him by the owner for the recovery of the thing.
Possessor in GF’s right to fruits
A possessor in GF owns the fruits that she has gathered.
She does not own ungathered fruits, but she is entitled to reimbursement for expenses in cultivating them.
Possessor in Bad Faith’s Right to Fruits
BF possessor must restore the fruits he has gathered (or their value), subject to his claim for reimbursement of expenses.
He has no rights re: ungathered fruits.
Products
Products result in a diminution of the thing.
They are non-renewable resources.
Ownership of Products
Products belong to the owner
Right of Separate Owner to Remove Improvements
When the separate owner of improvements no longer has the right to keep them on the land of another, he may remove them but must restore the property to its former condition.
If the separate owner does not remove them within 90 days of written demand, the landowner may acquire ownership of the improvements after giving written notice to the separate owner. If the landowner appropriates ownership in this way, he owes nothing for the improvements.
Ownership of Component Parts
Other component parts and integral parts belong to the owner of the immovable.
Constructions by GF Possessors
The owner of the immovable may not demand the demolition and removal of constructions, planting or works made by a possessor in good faith.
The owner is bound to keep them and at his option must pay to the possessor either (1) the cost of the materials and workmanship, (2) their current value, or (3) the enhanced value of the immovable.
Constructions by BF Possessors
The landowner may demand their demolition and removal at the expense of the possessor and claim damages for the injury that he may have sustained.
Alternatively, the landowner may keep them and pay at his option either (1) the current value of the materials and workmanship, or (2) the enhanced value of the immovable.
Rights of Landowner when Possessor’s Activities Did Not Improve Property
If the possessor’s activities did not improve the land, the landowner has an action for damages.
Transfer of Immovables
(When Effective)
As between the parties à when there’s a written agreement that transfers ownership
As to third parties à when the instrument is filed in the conveyance records of the parish in which the immovable is situated
Transfer of Movables
(When Effective)
As between the owner and the transferee → according to their agreement
As to third parties → when possession of the movable has been delivered to the transferee
Lost and Stolen Things
Rule
If a thing is lost or stolen, the person having possession of it cannot transfer its ownership to another.
However, if a lost or stolen thing was sold by authority of law, then the person to whom the thing was sold by authority of law will prevail against the former owner and no reimbursement will be due to any party.
