LA Bar Property Law 4

Question 1

Under Louisiana law, acquisitive prescription of an immovable without just title or good faith requires possession for:

Accepted Answer

30 years

Answer

La. C.C. art. 3486 provides that an immovable may be acquired by prescription of 30 years without just title or good faith.

Question 2

Under Louisiana law, 'just title' for acquisitive prescription of immovables means:

Accepted Answer

A title translative of ownership, valid in form, but conveyed by someone who lacked authority to convey

Answer

La. C.C. art. 3483 defines just title as a juridical act sufficient in form to transfer ownership, executed by a non-owner—a title that is defective only because the transferor lacked the right to convey.

Question 3

Which of the following INTERRUPTS acquisitive prescription of an immovable in Louisiana?

Accepted Answer

The true owner filing a lawsuit against the possessor

Answer

La. C.C. art. 3462 provides that prescription is interrupted when the owner files suit against the possessor, which terminates the accrued time.

Question 4

In a Louisiana boundary action, the court must:

Accepted Answer

Determine each party's ownership and fix the boundary line accordingly

Answer

La. C.C. art. 786 requires the court to fix the boundary by determining each party's ownership rights up to the boundary line.

Question 5

The doctrine of 'tacking' in Louisiana acquisitive prescription allows:

Accepted Answer

A current possessor to add a predecessor's possession period to their own to complete prescription

Answer

La. C.C. art. 3442 permits a possessor to tack the possession of a predecessor to complete the required prescriptive period, provided privity of possession exists.

(LA Bar) Louisiana Bar Exam Practice Test

(LA Bar) Louisiana Bar Exam Practice Test

LA Bar Property Law 4