(9) Servitudes Flashcards
1
Q
A charge or burden upon a thing, usually an immovable, for the benefit of another person or another estate.
A
Servitude
2
Q
What are the two kinds of servitudes.
A
personal and predial
3
Q
What is a personal servitude?
A
charge on a thing for the benefit of a person
4
Q
Name the three types of personal servitudes…
A
usufruct, habitation, rights of use
5
Q
What is a predial servitude?
A
A charge on a servient estate for the benefit of a dominant estate. The estates must belong to two different owners.
6
Q
When is a servitude presumed to be a predial servitude?
A
When the right granted be of a nature to confer an advantage on an estate
7
Q
Re: Servitudes
True or False? When the right granted is merely for the convenience of a person, it is not considered to e a predial unless it is acquired by a person as owner of an estate for himself, his heirs and assigns
A
True
8
Q
What are the three types of personal servitudes?
A
usufruct, habitation, right of use
9
Q
Right of limited duration on the property of another
A
usufruct
10
Q
Is usufruct corporeal or incorporeal?
Movable or immovable?
A
incorporeal
either
11
Q
The person to whom a usufruct is granted
A
usufructuary
12
Q
Can the usufructuary sell, donate, lease or encumber his right?
A
Yes
13
Q
During the existence of the usufruct, can the naked owner sell or donate his naked ownership?
If so, how does it affect the rights of the usufructuary?
A
Yes
It doesn’t
14
Q
True or false? The naked owner must not interfere with the rights of the usufructuary.
A
True
15
Q
When the usufructuray sells or otherwise disposes of the property, or if it is destroyed, the usufruct transfers to….
A
the proceeds derived fro m the sale or insurance.
16
Q
A thing that cannot be used without being expended or consumed, or without their substance being changed.
Give an example.
A
Consumable things
Money, harvested agricultural products, foodstuffs and beverages
17
Q
Things that may be used without alteration of their substance or without being consumed or expended.
Give an example.
A
Non consumable things
land, houses, animals, furniture, cars
18
Q
If the things subject to the usufruct are consumable, the ____________becomes the owner of them.
A
usufructuary
19
Q
If the thing subject to the usufruct is noncomsumable, the usufructuary has the right to…..
A
posses and use the thing to the exclusion of the naked owner and enjoy the civil and natural fruits it may produce
20
Q
The usufructuary has the obligation to preserve the _______of nonconsumable things.
A
substance
21
Q
Does the right of usufruct extend to accessories of the thing at the commencement of the usufruct?
A
Yes
22
Q
Natural fruits not served at the end of the usufruct belong to the __________.
A
naked owner
23
Q
The usufructuary acquires the ownership of civil fruits accruing during the existence of the usufruct.
How do these civil fruits accrue?
A
day by day
24
Q
True or false? The usufructuray entitled to the civil fruits of the land regardless of when they are received.
A
True
25
A cash dividend declared during the existence of the usufruct belongs to the ____________.
Usufructuary
26
A liquidation dividend or a stock redemption payments belongs to the _________subject to_____.
naked owner
| the usufruct
27
A stock warrant and a subscription right declared during the existence of the usufruct belong to ________,
Are they subject to the usufruct?
the naked owner
no
28
Stock dividends and stock splits declared during the existence of the usufruct belong to the _________ subject to _________.
naked owner
| the usufruct
29
The naked ownership may be partitioned subject to......
the rights of the usufruct.
30
A usufruct may be established either by what three means?
1. juridical act during the life if the grantor
2. the grantor's express statement in his last will and testament
3. by operation of law
31
When a usufruct is established by operation of law, it is called a _____ _______.
Legal usufruct
32
Usufruct may be established by a juridical act either ____ _____ or ____ ____, which means.....
inter vivos or mortis causa
inter vivos - during the lifetime of
mortis causa- upon the death of
33
A usufruct created by juridical act is called _____________.
Conventional
34
A usufruct created by operation of law is called
legal
35
The usufruct of parents over the property of their minor child has been repealed and replaced with a ________ ________ ________ _________.
parental right of administration
36
If the usufruct of a deceased spouse is survived by descendants, the surviving spouse SHALL/SHALL NOT have a usufruct over the decedent's share of the community property to the extent that the decedent has not......
shall
disposed of it by testament
37
When does the usufruct of a surviving spouse terminate?
when the surviving spouse dies or remarries, whichever occurs first
38
In the case of juridical persons, when does a usufruct extend until?
30 years from it's effective date or when the juridical persons cease to exist
39
In the case of a natural person, a usufruct extends until......
the death of the usufructuary
40
The right of usufruct expires upon....
the death of the usufructuary
41
A usufruct IS/IS NOT heritable.....
| what does this mean?
is not
| the usufructuary may not transfer his rights to successors
42
The usufructuary shall cause an __________ to be made of the property subject to the usufruct. Who conducts this?
Inventory
| A notary public
43
The inventory of property required of a usufructuary is of the same nature and governed by the same procedures regarding inventory of _____ ______.
succession property
44
Re: usufructuaries What may substitute as a formal inventory?
a sworn, detailed, descriptive list passed before the notary public
45
A descriptive list in lieu of inventory must be
| 3 things) and then filed (2 things
1. Be sworn to and subscribed by the person filing it
2. show the location of all items of succession property
3. set forth the fair market value of each item at the date of the death of the deceased
1. with the department of Revenue
2. in the succession proceeding
46
IN order to protect the interests of the naked owner, the usufructuray is required to provide .......unless.....
security equal to the total value of the property
unless
dispensed with by law or by the grantor of the usufruct
47
True or false? A seller or donor of property under reservation of usufruct is not required to give security.
True
48
The usufructuary is responsible answerable for losses resulting from his (3 things)
fraud, default or neglect
49
Who is responsible for ordinary maintenance and repairs for keeping to property subject to the usufruct in good order?
the usufructuary
50
Repairs for the reconstruction of the while or of a substantial part of the property subject to the usufruct are called......
What are all other repairs called?
Who is responsible for each?
Extraordinary repairs (naked owner is responsible, unless fraud, default or neglect is the cause)
ordinary repairs (the usufruct is responsible)
51
The nontransferable right of a natural person to dwell in the house of another.
Habitation
52
___________ is created and extinguished in the same manner as usufructs, but never arises as an operation of law..
Habitation
53
The right of habitation terminates.......unless......
at the death of the person having it
unless
a shorter period is stipulated
54
Unlike usufruct, the right of habitation is not_________ but like usufruct, it is not _____________.
transferable
| heritable
55
True or false? The right of habitation is neither transferable nor heritable.
True
56
The right to habitation extends to a person's ________ even if he was not married at the time the right of habitation arose.
family
57
Family includes.....
father, mother and children, but is also defined as all decadents of a particular person
58
The personal servitude of __________confers in favor of a person a specified use of an estate less than the full enjoyment.
right of use
59
The ____ ___ ______ may confer only an advantage tha may be established by a predial servitude.
right of use
60
A right of use may be established in favor of _______or ________.
natural person or a legal entity
61
True or false? A right of use includes the rights contemplated or necessary to enjoyment at the time of it's creation as well as rights that may later become necessary under any circumstance.
False, rights that may later become necessary are included provided that a greater burden is not imposed on the property (unless otherwise stipulated)
62
Right of use is transferable unless.....
prohibited by law or contract
63
The right of use is not extinguished at death of the natural person or or at the dissolution of any other entity having the right unless the contrary is provided by law or contract. This makes it a _______ right.
heritable
64
A charge on a servient estate for the benefit of a dominate estate when the two estates belong to different owners
Predial servitudes
65
IN order for a predial servitude to exist, there must be a.....
benefit to the dominate estate
66
Does a possible convenience or a future advantage suffice to support a predial servitude?
yes
67
A predial servitude is a(n)______ _________ (type of thing)
incorporeal immovable
68
True or false? Regarding a predial servitude, the servitude cannot be separated from the dominate estate.
True
69
In regard to predial servitudes, the right of using the servitude ______ be alienated, leased or encumbered separately from the dominant estate.
cannot
70
True or false? The predial servitude discontinues as a charge on the servient estate wen ownership changes.
False, it continues
71
True or false? The use of a predial servitude may be limited to certain days or hours.
True
72
Is a predial servitude indivisible?
Yes
73
In reference to a predial servitude-- If the dominant estate is divided, the servitude.....
remains due to each part
74
What are the kinds of predial servitudes (3)?
natural, legal, conventional
75
Which two types of servitudes may be altered by the agreement of the parties as long as the public interest is not adversely affected?
Legal and natural
76
This predial servitudes arise from the natural situation of estates....
natural
77
these predial servitudes are imposed by law....
legal
78
These predial servitudes are established by a juridical act, prescription, or designation of the owner
Conventional or voluntary
79
These servitudes may be altered by agreement of the parties if the public interest is not affected adversely
legal and natural
80
What are the characteristics of a natural servitude? Given an example?
They arise from the natural situation of the estates and are not created by the operation of low, but recognized by the law as arising from the natural topography of the land
ie: servitude of natural drainage arising between estates with different elevations
81
These predial servitudes are limitations on ownership that arise by operation oft he law for the benefit of the general public or particular persons.
Give examples
legal servitudes
ie: obligation to keep a building in repair as not to cause damage or injury; obligation not to use property in a manner that deprives a neighbor of the ability to enjoy his own property
82
A fence on a boundary is presumed to be ______ unless their is proof to the contrary.
common
83
A ditch between two estates is presumed to be _______unless there is proof to the contrary.
Who is responsible for the maintenance of this kind of ditch?
common
adjoining owners
84
The owner or an estate that has no access to a public road or utility may claim a _____ _____ ______over neighboring property to the nearest public road or utility.
right of passage
85
Is the owner of an estate who claims a right of passage over neighboring property bound to compensate his neighbor and indemnify him for damages he may cause?
Yes
86
New or additional maintenance burdens imposed upon the servient estate or intervening lands resulting from the utility servitude shall be the responsibility of the __________.
Dominant estate
87
These servitudes are not natural or legal and while they most frequently arise from juridical acts, they can also be acquired by acquisitive prescription.
Conventional or voluntary
88
True or false? Conventional or voluntary predial servitudes may be established by an owner on his estate or acquired for it's benefit.
true
89
The use and extent of a conventional/voluntary predial servitude is regulated by......
or in the absence of that....
the title by which they are created
articles specified for that purpose
90
Predial servitudes are established on, or for the benefit of, ______ _______ _________.
distinct corporeal immovables
91
Servitudes are either _______ or __________ and ________ or __________.
Affirmative or negative
| apparent and nonapparent
92
A servitude that gives or grants a right to the owner of the dominant estate to do some act upon the serviant estate is a(n).....
affirmative servitude
93
A servitude that prohibits the owner of the servient estate from doing some act upon his estate that will benefit the dominate estate in some way is a(n)......
negative servitude
94
Servitudes that are appreciable by exterior sings, works or constructions....
apparent servitudes
95
A servitude that is not really ascertainable with the 5 senses.....
nonapparent servitude
96
These predial servitudes may be acquired by title only, including a declaration of destination under Article 741.
Nonapparent servitudes
97
How are predial servitudes established? (3)
Title
Destination of the owner
Acquisitive prescription
98
A relationship between two estates owned by the same person that would be a predial servitude if the estates were owned by two different persons.
Destination of the owner
99
In reference to destination of the owner:
A servitude that is not apparent will arise only of the owner has ....
filed a written act creating the servitude
| for registry in the conveyance records of the parish where the immovable is located
100
Only ____ and _____can create a servitude by title.
an owner
| a naked owner of real estate
101
True or false? A usufructuary cannot create a predial servitude.
True
102
The title that establishes a servitude for the benefit of the dominant estate may also establish a servitude on the dominant estate for the benefit of the servient estate. This is known as.....
reciprocal servitudes
103
When the title does not specify the location of the servitude, who determines the location?
The owner of the servient estate
104
Name the 5 ways predial servitudes are extinguished.
1. destruction of the dominant or servient estate
2. prescription of nonuse
3. confusion
4. expiration of term or condition
5. renunciation
105
The prescription of non use does not run against this type of servitude.
Natural
106
The prescription of nonuse in regard to predial servitudes is ____ years.
When does this begin?
10 years
For affirmative servitudes-- from the date of their last use
For negative servitude-- from the date of the occurrence of an event contrary to the servitude
107
Re: predial servitudes
When the same person acquires the dominant and servient estates the servitude is extinguished by _______.
Confusion
108
When the union of the dominant and servient estates of a predial servitude is made under resolutory conditions, or legal eviction, the servitude is ________.
suspended (rather than extinguished).
109
Confusion DOES / DOES NOT take place between separate property and community property of the spouses.
Does not.
110
Explain renunciation.
A servitude may be extinguished by an express and written renunciation by the owner of the dominant estate.
111
Charges imposed by the owner of an immovable in furtherance of a general plan governing building standards, specific users and construction, and repair and maintenance of improvements are......
building restrictions
112
Re: building restrictions
| True or false? The plan must be feasible and capable of being preserved.
True
113
How are building restrictions established?
juridical act executed by the owner of a immovable
114
A building restriction is removed from one of the included immovables where a violation of that restriction is not corrected within ____ ______. This is called ______ _______.
two years
| liberative prescription
