LA Bar Civil Law 3 — Questions and Answers
Question 1: In Louisiana, a usufruct over immovable property grants the usufructuary the right to:
- Alienate the property and retain the proceeds
- Use and enjoy the property and collect its fruits (Correct answer)
- Encumber the naked ownership with a mortgage
- Transfer ownership to a third party
Correct answer: Use and enjoy the property and collect its fruits
A usufructuary has the right to use the property and collect its fruits, but cannot dispose of or encumber the corpus of the property.
Question 2: Under Louisiana Civil Code, which type of predial servitude allows the owner of the dominant estate to pass over the servient estate?
- Right of use
- Right of passage (right of way) (Correct answer)
- Usufruct
- Personal servitude of use
Correct answer: Right of passage (right of way)
A right of passage, classified as a predial servitude, allows the owner of a landlocked estate to cross the neighboring estate.
Question 3: What is the primary distinction between a natural and an artificial predial servitude in Louisiana?
- Natural servitudes arise by law from the location of estates; artificial servitudes are created by juridical act or prescription (Correct answer)
- Natural servitudes are created by contract; artificial servitudes arise from natural features
- Natural servitudes require a notarial act; artificial do not
- There is no distinction; both require recordation to be effective
Correct answer: Natural servitudes arise by law from the location of estates; artificial servitudes are created by juridical act or prescription
Natural servitudes, such as drainage, arise by operation of law from the natural situation of estates, while artificial servitudes are established by juridical act, title, or acquisitive prescription.
Question 4: Under Louisiana law, how does acquisitive prescription of immovable property differ based on whether the possessor has just title and good faith?
- 3 years with just title and good faith; 30 years without
- 10 years with just title and good faith; 30 years without (Correct answer)
- 5 years with just title and good faith; 20 years without
- 15 years with just title and good faith; 30 years without
Correct answer: 10 years with just title and good faith; 30 years without
Louisiana Civil Code Art. 3473-3486 provides 10-year acquisitive prescription for immovables held with just title and good faith, and 30-year prescription without those requirements.
Question 5: Which of the following is a cause of termination of a usufruct under Louisiana Civil Code?
- The usufructuary's creditors obtaining a judgment lien
- Death of the usufructuary (Correct answer)
- Transfer of naked ownership to a third party
- Recordation lapse after 10 years
Correct answer: Death of the usufructuary
Louisiana Civil Code Art. 607 provides that a usufruct in favor of a natural person terminates at the death of the usufructuary.
Question 6: Under Louisiana law, 'public things' owned by the state are generally subject to which of the following limitations?
- They may be sold to private parties freely at market value
- They are inalienable and imprescriptible while dedicated to public use (Correct answer)
- They may be acquired by private parties through 30-year acquisitive prescription
- They can be mortgaged to secure state debt
Correct answer: They are inalienable and imprescriptible while dedicated to public use
Louisiana Civil Code Art. 450 provides that public things are inalienable and not subject to prescription while dedicated to public use.
Question 7: In Louisiana, a predial servitude is extinguished by non-use for how long?
- 5 years
- 10 years (Correct answer)
- 15 years
- 30 years
Correct answer: 10 years
Under Louisiana Civil Code Art. 753, a predial servitude is extinguished by nonuse for 10 years.
LA Bar Civil Law 3
In Louisiana, a usufruct over immovable property grants the usufructuary the right to: