Possession
What is the Highlander principle?
There can be only 1 possessor
When is the transfer of an immovable effective against 3rd parties?
When contract is filed in conveyance records
What classification is dependent on if the thing in question has a body or is comprehended by understanding?
Corporeal or Incorporeal
Ownership, usufruct, servitude, possession
Things that are attached to such a degree that they cannot be removed without substantial damaged to themselves or to the building or the other construction are attached as a matter of?
Law
Does a good faith possessor keep fruits? Products?
Fruits
When is transfer of movable effective against 3rd parties?
At delivery, when possession changes
What is an immovable?
Whatever the legislature says
Predial servitude has a ____ estate and a ____ estate. Which one does which?
Things that are attached to a building and that, according to prevailing usages, serve to complete a building of the same general type, without regard to its specific use, are its component parts. They are attached as a matter of fact. What examples of things attached as a matter of fact?
Doors, shutters, gutters, cabinets, plumbing, HVAC, etc.
What is it called when you possess for another with their consent or on their behalf? What is the underlying owner called?
Precarious possession, owner
For a consented to improvement, how does the owner of the underlying ground get ownership?
Give notice, wait 90 days, send 2nd notice claiming ownership (do not have to reimburse)
What are the Landry factors? What are they used for?
What are the 3 theories of predial servitude? Which does Louisiana follow?
Classical, intermediate, modern. Louisiana does intermediate
Become part and parcel of underlying thing
Integral parts
What is constructive possession? Can an invalid title grant grant constructive possession?
With title, get possession of everything if you do corpus on any part of it. Yes
When can a co-owner demand partition?
Anyone can demand, unless agreement otherwise (agreement can delay for up to 15 years)
What are unharvested fruits and un-gathered fruits that belong to someone other than the owner of the underlying ground?
Movables by anticipation
What is a negative v. affirmative servitude?
Negative, servient estate gives up right. Affirmative, dominant estate gains right to do something on servient estate
Building, structure, planting made with consent of owner belongs to who? Without consent?
Improver, owner of underlying ground.
What does eviction do to possession? How long do you get after eviction?
Lose possession after one year
What value is a co-owner entitled to from a partition?
Explain the open mine doctrine.
Has to already be in use, or available to be in use. Usufruct can increase production and it is still fruits (they get to keep)
Who can acquire a predial servitude for a dominate estate?
Owner, any person acting in his name or on behalf, usufructuary, co-owner, possessor, possessor with adverse interest
Can a timber estate be separate from ownership of the ground forever?
No, we want land in circulation