Code I (LA Property) Flashcards

(34 cards)

1
Q

Common Things

A

may not be owned by anyone (air and high seas)

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2
Q

Public

A

vested in the state or one of its political subdivisions in it public capactiy

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3
Q

Private

A

owned by private individuals or the state in its public capacity

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4
Q

Sea

A

territorial seas and water overflowed by tides of the gulf are public

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5
Q

Seashore

A

space of land over which waters of the sea spread at high tide are public

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6
Q

Navigable Rivers and Streams

A

waters and bottoms of natural navigable water bodies are public things

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7
Q

Beds of navigable rivers and streams

A

state owns the beds to the ordinary low water mark

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8
Q

Banks of navigable rivers and streams

A

Between ordinary high and low water mark are private things subject to public use incidental to navigation on the stream

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9
Q

Non-navigable rivers and streams

A

waters are public but the beds are owned privately to the middle

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10
Q

Lakes

A

waters and bottoms of natural navigable lakes in LA are public

state owns land lying below the ordinary low water mark

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11
Q

Accretion

A

build up of soil on bank of water that is NOT a river or stream (lake/sea??)

state owns if on body of water other than river or stream

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12
Q

Alluvion

A

build up of soil on bank of a river or stream

riparian owns

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13
Q

Dereliction

A

receding of water from the bank of any body of water

state owns if on body of water other than river or stream (Riparian)

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14
Q

Erosion

A

when land subsides resulting in once dry land now permanently submerged in the river bed

State owns land if on navigable water body

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15
Q

Avulsion

A

identifiable piece of ground is moved from one place to another by sudden action

original owner owns

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16
Q

Change of Course

A

all who lost land will be able to take from old riverbed in proportion to land lost

17
Q

Roads

A

Public or Private

18
Q

Incorporeal

19
Q

Corporeal

20
Q

Immovables

A

some things are always immovable. while some are depending on circumstances

21
Q

Always Classified as Immovables

A
  1. Land
  2. Buildings
  3. Standing Timber
  4. Integral Parts
  5. Permanent Attachments
22
Q

Land

A

tracts of land with their component parts are immovables

23
Q

Buildings

A

Always immovable when no unity of ownership between building and ground, it is a separate immovable

with unity of ownership it is a component part of the land

24
Q

Standing Timber

A

no unity of ownership = separate immovable

unity = component part of the land

owner of land may compel owner of standing timber to remove within a reasonable time

25
Integral Parts
incorporated into a tract of land, building, or other construction in such a way as to become an integral part of the thing is a component part of the thing
26
Permanent Attachments
1. Things that complete a building (windows, doors, pumbling) 2. Serve principal use of other construction (use of part is critical) 3. Things that cannot be removed w/o substantial damage (regardless of purpose)
27
Other constructions Permanently Attached to Ground
unity of ownership = immovables no unity of ownership = movables
28
Unharvested Crops and Ungathered Fruits
unity of ownership = immovables no unity of ownership = movables
29
Immovables by declaration
1. owner of the immovable owns the thing 2. immovable is not a private residence 3. thing is placed on the immovable for the service and improvement of the immovable 4. Declaration is registered in the conveyance records where immovable is located
30
Deimmobilization of Component Part
1. Damage to no longer serve use 2. Detachment and Removal (except detachment for repair)
31
Movables
Anything not immovable is movable
32
Accession
ownership of a thing includes by accession everything that it produces or is united with it subject to exceptions
33
Fruits
derived from or produced by another without diminution of it substance
34
Possessor's Rights to Fruits