What Even Is acquisitive prescription?
What are the three requirements for 10-year (abridged) acquisitive prescription of immovables?
Possession, good faith, and just title.
FALSE- public things can't be possessed by ANYONE
If You're not in possession, but you’ve got a deed and an itch to file something. What kind of action are you bringing?
Petitory
What are the three main ways a predial servitude can be created under Louisiana law?
By title, by destination of the owner, and by prescription
true or false; Brad is a sensitive boy
very true
AND IT IS NOT DISPARAGING
Grandma lived on land for 15 years with a valid act of sale. You inherit the property and live there 5 more years. Do you now own it?
Yes! You can tack your universal successor’s possession to complete 10-year prescription
Olide takes all his stuff and goes to live in his GF's house but, without intending to abandon his own house just incase she turns out to be pshycho.
Does he still have possession over his bachelor pad?
Yeah; to retain an acquired possession the intent to own suffices
Luigi receives land through inheritance after his mom's tragic death. Turns out his mom was kinda dumb and there are defects in the title. Can Luigi be in good faith for purposes of accession?
Yes; as long as he didn’t know the defect and inherited via universal succession.
Fill in the blank: a servitude imposed on an estate in favor of a person is a _____, and a servitude imposed on an estate in favor of another estate is a _____.
a servitude imposed on an estate in favor of a person is a PERSONAL SERVITUDE (RIGHT OF USE), and a servitude imposed on an estate in favor of another estate is a PREDIAL SERVITUDE
How old is Luigi?
ONE
Olin had possession for 30 years of land that goes 5 feet beyond what his deed says, but he fenced it from day one to stop any forest fires that may threaten his enjoyment. Does he own the extra land?
Yes — through boundary tacking, if the boundary is visible and uninterrupted for 30 years.
Liam hosts a weekly “Maddy Hate Party” in Room 216 every Tuesday night. After one year of uninterrupted use, the room is locked without warning. Can his group bring a possessory action?
if they possessed it publicly, quietly and continuously for over a year, I'm sure some would argue locking the door is a disturbance in fact
What is the Bankard Principal and when might it apply?
first in time, first in right
-better title
-common author
-overlapping title
Dean Fist Bump's mom kicks him out and he gets a usufruct over PHM. He discovers an old mine under the building and decides to reopen it to fund new contracts professors.
Can he do that under Louisiana usufruct law?
Only if the mine was already being worked when the usufruct began.
If the mine was closed when the usufruct started, he can’t reopen it.
What are Phineas and Ferbs' parent's names?
Linda Flynn-Fletcher and Lawrence Fletcher
Brad boyz can't find a place to live and end up homeless, so they move into an abandoned house. No paperwork involved, but somehow they make it a home. After 10 years, can they claim ownership?
Not under the 10-year rule; no just title or good faith
Maybe under 30
Rob lends his house to the Brad Boys for their weekend getaway. In the middle of their enjoyment JU shows up claiming she just bought the property on Zillow and starts moving in her stuff. Can these future public defenders bring a possessory action?
Yes even though they're precarious possessors, they can sue JU to protect the possession.
Just can't sue rob ofc
Why is the possessor given the benefit of the doubt in petitory actions? (especially when Maddy is the judge)
Possession creates a presumption of ownership
Liam dies and leaves his house to his three kids. He also leaves a will giving Nelson a lifetime usufruct over the house. Can the kids force Nelson out when he starts subletting it on Airbnb?
I think Nelson has a valid testamentary usufruct
What is the average hourly pay for a Part Time employee at Burger King in the United States?
$14.32 an hour.
Finals are finally over, and we've held the study room 214 for 10 years. Can we claim ownership by prescription?
Only if we had just title, good faith, and possessed like an owner, so probably not
Might have a good claim if we can hold it down for 30 years
DB has claimed the seat under the microphone all semester so everyone hears him eating his chips. Carter steps up and even comes to school early one day and takes the spot. DB is rattled. Can he sue?
Honestly IDK
If DB had over a year of quiet, public use, he could bring a possessory action. Carter’s early arrival might count as a disturbance in fact?
The Brad Boyz move into their new house they believe they own based on a deed they got from Craigslist. They install four more permanently mounted stripper poles into the floor and ceiling. Months later, the actual landowner, Papa Meidenman shows up and demands they vacate. Who owns the stripper poles and do the Brad Boyz get anything?
The landowner owns the poles because they became things INATs
If the Brad Boyz were in good faith they may be entitled to something for so greatly enhancing the value of the property. If they knew they were not pure of heart, they get nothing :(
Olin installs a secret jujitsu dojo underground with a vent pipe running through Luigi's pizza place. Luigi finds out 15 years later. Can Olin claim a servitude?
No way jose! Nonapparent servitudes can't be acquired by prescription
Everyone say a fun fact about me and whoever knows the best one wins 500 points
Obviously I talk about myself too much and I can't remember what I've told you people