LA Bar Civil Law 3

Question 1

In Louisiana, a usufruct over immovable property grants the usufructuary the right to:

Accepted Answer

Use and enjoy the property and collect its fruits

Answer

Alienate the property and retain the proceeds

Answer

Encumber the naked ownership with a mortgage

Answer

Transfer ownership to a third party

Question 2

Under Louisiana Civil Code, which type of predial servitude allows the owner of the dominant estate to pass over the servient estate?

Accepted Answer

Right of passage (right of way)

Answer

Right of use

Answer

Usufruct

Answer

Personal servitude of use

Question 3

What is the primary distinction between a natural and an artificial predial servitude in Louisiana?

Accepted Answer

Natural servitudes arise by law from the location of estates; artificial servitudes are created by juridical act or prescription

Answer

Natural servitudes are created by contract; artificial servitudes arise from natural features

Answer

Natural servitudes require a notarial act; artificial do not

Answer

There is no distinction; both require recordation to be effective

Question 4

Under Louisiana law, how does acquisitive prescription of immovable property differ based on whether the possessor has just title and good faith?

Accepted Answer

10 years with just title and good faith; 30 years without

Answer

3 years with just title and good faith; 30 years without

Answer

5 years with just title and good faith; 20 years without

Answer

15 years with just title and good faith; 30 years without

Question 5

Which of the following is a cause of termination of a usufruct under Louisiana Civil Code?

Accepted Answer

Death of the usufructuary

Answer

The usufructuary's creditors obtaining a judgment lien

Answer

Transfer of naked ownership to a third party

Answer

Recordation lapse after 10 years

Question 6

Under Louisiana law, 'public things' owned by the state are generally subject to which of the following limitations?

Accepted Answer

They are inalienable and imprescriptible while dedicated to public use

Answer

They may be sold to private parties freely at market value

Answer

They may be acquired by private parties through 30-year acquisitive prescription

Answer

They can be mortgaged to secure state debt

Question 7

In Louisiana, a predial servitude is extinguished by non-use for how long?

Accepted Answer

10 years

Answer

5 years

Answer

15 years

Answer

30 years