LA Bar Property Law 3

Question 1

Under Louisiana law, a predial servitude is extinguished by:

Accepted Answer

Nonuse for 10 years

Answer

La. C.C. art. 753 provides that predial servitudes are extinguished by nonuse for 10 years.

Question 2

Under Louisiana law, an apparent servitude such as a right of passage may be acquired by:

Accepted Answer

Title, destination of the owner, or acquisitive prescription

Answer

La. C.C. art. 742 provides that apparent servitudes, evidenced by visible external signs, may be acquired by title, destination of the owner, or acquisitive prescription.

Question 3

The doctrine of 'destination of the owner' in Louisiana servitude law arises when:

Accepted Answer

A prior common owner used one estate for the benefit of another, and those estates are later divided

Answer

La. C.C. art. 741 provides that destination of the owner exists when a former owner's use of two estates, had they belonged to different owners, would have been a servitude, and that use continues after division.

Question 4

The personal servitude of habitation in Louisiana grants its holder the right to:

Accepted Answer

Inhabit the house of another and use it as a dwelling for oneself and family

Answer

La. C.C. art. 630 defines habitation as the real right to inhabit another's house, limited to use as a dwelling for the holder and family.

Question 5

A usufructuary's primary obligation at the termination of a Louisiana usufruct is to:

Accepted Answer

Return the property in the same condition as received, normal use excepted

Answer

La. C.C. art. 578 requires the usufructuary to return the property at termination without deterioration beyond that caused by normal use.

(LA Bar) Louisiana Bar Exam Practice Test

(LA Bar) Louisiana Bar Exam Practice Test

LA Bar Property Law 3