Property Law (Things, Ownership, and Usufruct) Flashcards

Under Louisiana law, who is responsible for necessary repairs to property under usufruct?

Answer: The usufructuary is responsible for ordinary maintenance and repairs

The usufructuary must maintain the property and make ordinary repairs.

What is acquisitive prescription of immovable property (30-year prescription) in Louisiana?

Answer: Acquisition of ownership through continuous possession for 30 years, even without title or good faith

Thirty-year acquisitive prescription allows ownership through long possession without requiring title or good faith.

Under Louisiana law, can a landowner deny access to their property if it is the only way for a neighbor to reach a public road?

Answer: No, the enclosed landowner has the right to demand a passage to the nearest public road

Louisiana provides a legal servitude of passage for landlocked estates.

What is the concept of mineral rights in Louisiana property law?

Answer: A separate estate that can be created separately from surface ownership

Louisiana treats mineral rights as separable from surface ownership.

Under Louisiana law, what is the difference between ownership and possession?

Answer: Ownership is a legal right (title); possession is the physical holding or control of a thing

Ownership is the legal title; possession is the factual control. They are related but distinct.

What is destination of the owner as it relates to servitudes in Louisiana law?

Answer: An apparent arrangement created by the owner that becomes a servitude when the properties are divided

Destination of the owner creates a servitude when a visible arrangement becomes binding upon property division.