Petitory Actions
Requirements for short term acquisitive prescription
30 years and the thing is susceptible of ownership
Animus
What is intending to act as the owner. Animus is presumed when the person has sufficient corpus
Liability for maintenance and repairs
What is the co-owner may recover for ordinary maintenance and necessary repairs from the other co-owners.
Right of Use
What is a servitude that confers in favor of a PERSON a specified use of an estate less than full enjoyment
Kallum's joke
What is "what does European Serbian estates have to do with Louisianna Property Law"
Requirements for short term acquisitive prescription
What is just title, good faith, delay of 10 years, and the thing susceptible of ownership
Corpus
What is the physical acts of use, detention, and enjoyment over the thing
Modes of judicial partition
What is in kind and by licitation
Personal Servitude and give 2 examples
Eviction
What is "you need an act big and bad enough to bring home to the owner, if he were to see it, that his dominion is being challenged"
Ways of acquiring possession
What is derivative possession and original possession
Rights of use to othe co-owned thing
What is each co-owner has just as much right as the others to use all of the co-owned thing, provided it is consistent with it's destination.
Extinction of a predial servitude
Burden of proof for the plaintiff when neither the plaintiff nor the defendant is in possession
Vices of Possession
What is violence, clandestinity, discontinuity, equivocation
Improvements and alterations
what is the co-owner can make insubstantial alterations or insubstantial improvements without the consent of the co-owners.
Three ways to acquire predial servitudes
What is title, acquisitive prescription, and destination
Good Faith
What is "You must believe in your heart of hearts that you are the owner and that belief must be reasonable"
Burden of proof when the defendant is not in possession
the plaintiff must prove that he either acquired possession from a previous owner or it was acquired through acquisitive prescription
Tacking on time of possession with universal and particulaar successors
What is the particular successor commences a new possession but can tack on his ancestor's time if both his possession and the possesion of the ancestor were the same. Particular successor only needs his own animus.
Co-ownership and the rights to the fruits
What is if the fruits and products are produced without any effort of the co-owner, then the division is split proportionally amongst the coo-owners according to their shares.
If one co-owner puts effort into producing the fruits, the first co-owner is given an allowance out fo what has been produced in the amount of the value of the cost he put in. After that, the remaining share is divided proportionally according to the co-owners respective shares.
Theories of Predialization
What is traditional, destination, and laissez fair