Free LA-Notary Property Law (Things, Ownership, and Usufruct) Questions and Answers — Questions and Answers
Question 1: A mobile home that is not permanently attached to a foundation and is intended to be moved from time to time is classified under Louisiana law as what kind of thing?
- Immovable by nature
- Immovable by declaration
- Corporeal movable (Correct answer)
- Incorporeal movable
Correct answer: Corporeal movable
Under the Louisiana Civil Code, things are divided into common, public, and private; corporeals and incorporeals; and movables and immovables. A mobile home that is not permanently affixed to the land is considered a corporeal movable because it has a body and can be moved from one place to another.
Question 2: Three siblings, Alice, Bob, and Carol, inherit a tract of land from their parents in equal shares. What is the legal term for their form of ownership?
- Usufruct
- Ownership in indivision (Correct answer)
- Servitude
- Separate property
Correct answer: Ownership in indivision
Ownership in indivision occurs when two or more persons own the same thing in common, with each having an undivided share. The siblings each own a one-third interest in the entire tract of land, not a specific, physically divided portion of it.
Question 3: A usufruct is granted to Jean over a piece of property for the duration of his life. Which of the following events will NOT terminate the usufruct?
- The death of Jean, the usufructuary.
- The sale of the property by the naked owner. (Correct answer)
- The total and permanent destruction of the property.
- Jean's express written renunciation of the usufruct.
Correct answer: The sale of the property by the naked owner.
A usufruct is a real right that encumbers the property. The sale of the property by the naked owner does not terminate the usufruct; the new owner acquires the property subject to the existing usufruct. The usufruct terminates upon the death of the usufructuary, destruction of the property, or renunciation by the usufructuary.
Question 4: To acquire ownership of an immovable through 30-year acquisitive prescription, a possessor must have possession that is:
- In good faith and with just title.
- Continuous, uninterrupted, peaceable, public, and unequivocal. (Correct answer)
- Intermittent and with the owner's permission.
- Only for a portion of the property claimed.
Correct answer: Continuous, uninterrupted, peaceable, public, and unequivocal.
Thirty-year acquisitive prescription does not require good faith or just title. However, the possessor must prove possession that is continuous, uninterrupted, peaceable, public, and unequivocal for the entire 30-year period to acquire ownership.
Question 5: A farmer installs a sophisticated irrigation system, including underground pipes and pumps, on his farmland. Under Louisiana law, this irrigation system is best classified as:
- A separate corporeal movable.
- A component part by attachment. (Correct answer)
- A component part by incorporation.
- A predial servitude.
Correct answer: A component part by attachment.
Things permanently attached to a building or other construction are its component parts. The irrigation system, being attached to the land for its service and improvement, is considered a component part by attachment and thus becomes part of the immovable.
Question 6: Marie has a usufruct over a rental apartment building. Which of the following actions is she permitted to take?
- Sell the building to a third party.
- Demolish the building to construct a new one.
- Collect all rental income generated by the apartments. (Correct answer)
- Refuse to pay the property taxes.
Correct answer: Collect all rental income generated by the apartments.
The usufructuary has the right to use the property (usus) and enjoy its fruits (fructus). Rental income is considered a civil fruit of the property, which the usufructuary is entitled to collect. The usufructuary cannot alienate or destroy the property and is responsible for paying ordinary expenses like property taxes.
Question 7: When a usufruct is established over a piece of property, the owner of the property retains what is known as:
- Full ownership
- Servitude
- Naked ownership (Correct answer)
- Precarious possession
Correct answer: Naked ownership
When a usufruct is created, the full ownership is divided. The usufructuary gets the rights of use (usus) and fruits (fructus), while the original owner retains the right to dispose of the property (abuses), subject to the usufruct. This remaining right is called naked ownership.
