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

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?

Accepted Answer

Right of passage (right of way)

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

Death of the usufructuary

Answer

Louisiana Civil Code Art. 607 provides that a usufruct in favor of a natural person terminates at the death of the usufructuary.

(LA Bar) Louisiana Bar Exam Practice Test

(LA Bar) Louisiana Bar Exam Practice Test

LA Bar Civil Law 3