Term
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Definition
| Art 794 - When a party proves acquisitive prescription, the boundary shall be fixed according to limits established by prescription rather than titles. If a party and his ancestors in title possessed for thirty years without interruption, within visible bounds, more land than their title called for, the boundary shall be fixed along these bounds. |
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Term
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Definition
Things that are attached to a building and that, according to prevailing usages, serve to complete a building of the same general type, without regard to its specific use, are its component parts. Component parts of this kind may include doors, shutters, gutters, and cabinetry, as well as plumbing, heating, cooling, electrical, and similar systems.
Things that are attached to a construction other than a building and that serve its principal use are its component parts.
Other things are component parts of a building or other construction if they are attached to such a degree that they cannot be removed without substantial damage to themselves or to the building or other construction. |
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Term
| What do you need for a possessory action? |
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Definition
1. that they were in
possession at the time of the disturbance;
2) there has been a disturbance in fact
or in law;
3) that the P had possession quietly and without interruption from more
than a year immediately prior to the disturbance, unless evicted by force or fraud;
4) the action is brought within a year |
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Term
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Definition
1. Physical detachment by the owner
2. Convey ownership to a good faith 3rd party
3. Damaged to the point of uselessness |
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Term
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Definition
| Pretending a thing is not an immovable to protect's creditors right (legal fiction) |
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Definition
Art 473
right spring from movables
i.e. bonds and stocks |
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Term
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Definition
470
1. Right arising form interests in an immovalbe
2. i.e. mineral rights, oil leases and sertitudes |
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Term
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Definition
1. Corparation, LLCs, Partnerships trusts, etc
2.Rights from juridical person are incorporeal movables |
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Term
| Classifications of building Materials |
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Definition
472
1. New Materials or demolition form an old consturction are movables until they are incorporated into a building or other structure
2. Temporarily removed with intent to repair = still an immovable |
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Term
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Definition
| Prescription does not run against one who cannot act because of the defendant's culpable act, such as concealing material information that would give rise to the plaintiff's claim |
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Term
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Definition
3412
A mode of acquiring something that belongs to nobody with the intent to own it (only applies to corporeal movables) |
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Term
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Definition
1. Movable
2. Hidden
3. Distinct from the thing its enclosed in
4. Belonging to nobody |
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Term
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Definition
Wild - owned by nobody
Tamed/enclosed/domesticated = owned |
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Term
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Definition
| Right to protect things, not control them |
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Term
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Definition
3421
Detention or enjoyment of a corporeal thing, movable or immovalbe that one hold or erercises by himself ot by another who keeps it or exercises it by his name |
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Term
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Definition
| Once acquired, possession is retained by possession with only animus |
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Term
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Definition
You need:
1. Corpus and
2. Animus |
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Term
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Definition
-Voluntary abandonment
- Forceful Eviction |
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Term
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Definition
3426
When one has a title and possession of part of an immovable, he possess the whole tract by virtue of title |
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Term
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Definition
3437
Corporeally possessing something in the name of another
- Can bring possessory actions aginst all others except for true possessor |
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Term
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Definition
3421
Possession is the detention or enjoyment of a corporeal thing, movable or immovable, that one holds or exercises by himself or by another who keeps or exercises it in his name. |
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Term
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Definition
-acquired after 1 year of possession
- includes right to file possession
-lost upon eviction over 1 ear or disturbance of over 1 year |
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Term
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Definition
2582
No strings attached transfers - owner transfers any property rights he might have |
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Term
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Definition
1. 10 Years uninterrupted possession
2. a thing susceptible to prescription
3. good faith
4. just title |
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Term
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Definition
1. 30 years uninterrupted possession
2. a thing susceptible to prescripton
Possession applies only to that which was corporeally posessed (prevost) |
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Term
| Poession outside the bounds of the title |
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Definition
794
If a possessor has possessed outside the bounds of his title for over 10 years uninterrupted -> he now owns to those new bounds
-At sale -> the transfer includes the property ouside of the bounds for purposes of tacking |
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Term
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Definition
3442
A particular successor can tack on the previous owners possession as if there was no interruption of prescription |
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Term
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Definition
| A sale of an undivided interest only transfers ownership of that part of the land |
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Term
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Definition
1. Juridical act
2. That purports to convey ownership
3. That is written and filed in the registry |
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Term
| Good Faith for 10 year AP |
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Definition
3482 - Good faith is assumed - Honest and reas belief - subsequent bad faith does not affect 10 yr AP
can be rebutted |
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Term
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Definition
935-36
- A particular successor acquires ownership from a sales, donations et
- Can start a new prescriptive period |
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Term
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Definition
936
Immediately at death the legal heirs acquire ownership of the same quality of the ancestor |
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Term
| BOP in a pet.action when D is in possession |
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Definition
3653
1. Plaintiff must prove good title against the world
-common author
-title back to the sovereign
-AP |
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Term
Ownership at issue
Concusus funds in the registry |
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Definition
3654
Who could win a possessory action?
-If one side wins = owner
-if niether side wins =better title |
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Term
| BOP is pet. action when D is NOT in poss. |
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Definition
3653
P merely need to show better title |
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Term
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Definition
Deer eating the potato crop
LA owns the deer in the sovereign capacity and is not responsible from preventing the deer from eating the crop |
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Term
| Requirements of Occupancy |
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Definition
1. Corporeal Movable - tangible
2. poession by person who claims occupancy
3. res nullius(thing that belongs to no one) at time of possession |
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Term
| Occupancy does not apply to _____? |
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Definition
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Term
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Definition
3419
One who finds a corporeal movable is bound to make a efforrt to locate its owner and return the thing to him
If a diligent effort is made and the owner is not found within 3 years, the finder acquires ownership |
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Term
| Harrison v. Petroleum Surveys |
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Definition
Petro damaged the habitats of the muskrats while trespassing on the Harrison's property
Rule: Trespassers in good faith can be held liable for the muskrats and the Harrisons recover lost profit from the muskrats |
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Term
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Definition
- gold certificates hidden in a mattress
- Certificates are lost, not treasures and can be reclaimed by the owner
- Heirs can claim ownership rights to the certificates |
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Term
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Definition
A p/or in good fatih aquires ownership of the fruits he has gathered
If evicted he is entiled to reimbursment of expenses for fruits he was unable to gather
A p/or in bad faith is bound to the owner the fruits he has gathered, or the value subject to his claim for reimbursement of expenses |
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Term
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Definition
488
-Products derived from a thing belong to the owner of that thing
-When reclaimed by the owner, a p/or in good faith has the right to reimbursment of his expenses and a p/or in bad faith does not. |
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Term
| Constructions by possessor in good faith |
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Definition
496
When consturctions plaing or works made by a p/or in GF, the owner of the immovalbe may not demand their demoltion or removal.
He is bound to keep them and pay the possessor either
1. the cost of the materials and the workmanship
2. Current value
3. enhanced value of the land
(owner only owns if the constuction enhances the property) |
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Term
| Constuctions by a bad faith possessor |
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Definition
| When constrcutions, planting or works are made by a bad faith possesors, the owner of the immovable may keep them or demand there demoltion and removal. If he does not demand demolition and removal, he is bound to pay at his option either (1) the current value of the land (2) the enhanced value of the immovable |
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Term
| Presumption of ownership of movables |
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Definition
| The possessor of a corporeal movable is presumed to be its owner. This does not prevail against a previous possessor who was dispossessed as a result of loss or theft |
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Term
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Definition
3422
One is presumed to intend to possess as owner unless he began t possess in the name of another. |
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Term
| Presumption of intent to own the thing |
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Definition
| One is presumed to intend to possess as owner unless be began to possess in the name of another. |
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Term
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Definition
is an action to obtain, recover, or maintain physical possession of property
3444
Possession of immovables is protected by the possessry action |
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Term
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Definition
| a mode of aquiring ownership or other real rights by possession for a period of time |
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Term
| Peloquin V. Calasieu Parish |
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Definition
George the cat case
Ps had cat for 7 years, it was trapped and euthanized and P sued for conversion
D argued Ps were not owner but possessor has rights to sue for a movable |
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Term
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Definition
The physical control over a thing in the absence of intent to have it as one's own
Lessor - possession
Lessee - dentention |
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Term
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Definition
| the exercise of physical acts of use, dentention or enjoyment over a thing |
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Term
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Definition
3426
One who possess a part of an immovable by virtue of title, has constructive possession within the limits of the title.
In absence of title one has possession only over the area he actually possesses. |
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Term
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Definition
3431
Once poessession is acquired corporeally it can be mainained by the intention to possess as owner even though the corporeal possession has ceased. |
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Term
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Definition
| One gains possession by having animus and corups but maintain of the possession only needs animus. |
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Term
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Definition
When one claiming possession has title the requirements for establishing possession are simpler than that of a trespasser.
Operation and maintencance of a pipeline is sufficent for corporeal possession |
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Term
| Presumption of rentention of possession |
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Definition
| The intent to retain possession is presumed unless there is clear proof of a contrary intention |
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Term
| Loss of the right to possess |
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Definition
| The right to possess is lost upon abandonment of possession. In case of eviction the right to possess is lost if the possessor does not recover possession with one year of eviction. |
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Term
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Definition
| Harper said he did not own the property and the court viewed this as not having the animus aspect of possession. |
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Term
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Definition
Souther had title
D had possession
Souther had never coporeally possess the land and thus could not bring a possessory action. |
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Term
| Constructive possession is insufficient to oust... |
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Definition
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Term
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Definition
Attempts to evict Liner by LLE were merely distubances
A disturbance van be an evicton but it may also be another other physical act which prevents the possessor of immovable property |
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Term
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Definition
Evans possessed land that was outside his title, someone else built a fense evicting him from the property.
Evans did not go onto the land after the fence was built and did not file a possessory action within one year thus he lost his right to bring one. |
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Term
Continuation of the possession of decedent
Differences for universal and particular sucessor |
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Definition
936
The possession of the decedent is transferred to his scuessors whether testate or intestate
A universal successor continues possession of the decedent with all its advantages and defects
A particular sucessor may commence a new possession for purposes of acquistive prescprtion. |
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Term
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Definition
| Immediately upon the death of the decedent, universal succeros acquire ownership of the estate and patricular sucessorsacquire ownership of the things bequethed to them. |
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Term
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Definition
3442
The possession of the transferror is tackedto that of the transferee if there has been no interruption in possession |
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Term
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Definition
Possession that is
violent
clandestine
discontinous
equivocal
all have no legal effect |
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