Classifi
cations
cations
Under art. 468, component parts detached by the owner become:
Movables
When are the Manson factors relevant?
BONUS: what are they?
When decided whether acts are sufficient to count as corporeal possession
BONES: 1) Degree of developement 2) title to land
Name the requisites for short term and long term acquisitive prescription for both movables and immovables
Movables: Short term- 3 years, good faith. Long term- 10 years, bad faith
Immovables: Short term- 10 years, good faith. Long term- 30 years, bad faith
The right of roof water drip is classified as continuous, apparent, and ______
Affirmative
Art. 706
What are the requisites to a possessor action?
1) In possession of immovable at the time of disturbance, 2) you and your ancestors in title has uninterrupted possession for over a year, 3) disturbance in fact or law, 4) filed suit within a year
Name the Monroe factors and what they are used to decide
1) cost/difficulty of removal
2) damage left behind if removed
Used to decide if something is an intergral part
Blake has no title to a tract of land and there's no natural or artifical boundaries. How must he prove possession?
BONUS: what are the elements of possession
Inch by inch possession
BONES: corpus and animus
What are the 4 ways to interrupt prescription?
Eviction, abandonment, getting sued, or acknowledgment of true owner
Which theory of predial servitudes would allow for a servitude to exist simply because it suits the present or inctended use of the dominant estate, even when the right has no natural tie to the land's physical features?
Modern/destination theory
Define eviction
Involuntary loss of corpus by a physical act by someone who prevents you from doing corpus and serious enough that the possessor, if they saw it happened, would bring home to him that his dominion is being challenged.
BIG AND BAD ENOUGH 👹
Name the PHAC factors and what they are used for
1) function/purpose 2) size 3) cost
Used to decide if thing is a building or other construction
What is the presumption of possession? and what is the exception to this presumption?
A person is presumed to intend to possess as owner (animus). Exception is when you began as a precarious possessor
(Ownership) In a petitory action against a defendant who has peacefully possessed the immovable for over a year, the plaintiff can only prevail be showing ___ title.
Better (CP 3653)
- only need to prove perfect title when both have a title or ownerhship through prescription
Affirmative: starts with the last actual use
Negative: starts with an act that contradicts the servitude
Name things that are evidence of bad faith possession
Quitclaim deed, clouds on title in the public records, gap in seller's title
Josie, with her landlord's written permission, installs a hardwired double oven in the kitchen wall. What is the ovens classification? Who owns it immediately after installatin?
BONUS: What are Josie's right's to remove it?
1) INAT 2) Landlord/owner (Art. 493.1)
BONES: Josie, as the putter of a consented to INAT, may remove it and restore the kicten to how it was
Name the vices of possession
Violence, Clandestine, Discontinuous, Equivocal
On Jan 1 2000, Emma (in good faith with just title) takes corporeal possession of GoldenArch farms, that Caitlin also has title to. 5 years go by before Caitlin notices Emma, and Caitlin files a petitory action, but in the wrong venue. Her suit is dismissed in 2008. Emma never heard from Caitlin during any of this. When is the earliest Emma can acquire ownership of GoldenArch?
Jan 1 2010, 10 years later because good faith + just title. Because Caitlin filed in the wrong venue (its ok ur just a girl), Emma's possession wasn't interrupted, (Art. 3462- need proper venue + service)
Emma, the servient owner, records a negative servitude of no 3 story buildings in favor of Josie's estate. 10 years of absolute nonuse pass. Does the servitude prescribe?
No - negative continuous servitudes do not prescirbe for nonuse
Blake, bad faith no title, begins corporeal possession of Tract A on April 1, 2000. On May 5, 2010, a hurricane floods the land and makes entry impossible. Blake evacuates. On July 20, 2011, the State restores access to the land. Blake re-enters that day and has stayed continuously every since. When is the earlier Blake can claim long term acquisitive prescription?
July 20, 2041
- natural eviction lasted over a year, so Blake's possession was interrupted because he didn't recover within a year. His 10 years of possession is wiped out and clock restarts in 2011.
Emma owns farmland, she leases the land to Caitlin with a clause that all corn belongs to Emma and Wheat to Caitlin. Emma then orally sells both standing crops to Paul. Which sales are invalid and why?
Corn sale is valid, because it is a movable by anticipation via the lease
Wheat sale is invalid, because unharvested wheat is a separate immovable when owned by someone other than the owner of the ground and sale requires a written act
PMH holds title to 50 acres of marsh land, but has never step foot on it. PMH hires a pipeline company to lay pipe, operate, and inspect it twice a year. 2 years later Emma starts shrimping in the marsh and decides she's the owner and fences off her new home. Can PMH prove they were ever in possession of the marsh?
BONUS: case?
Yes, the pipeline company's act counted as vicarious corporeal possession for PHM, allowing him to use his title to constructively extend corpus acorss the whole 50 acres
BONES: Manson Realty v. Plaisance
Paul acquires just title and in good faith takes possession of PMH on March 1, 2015. Michael is the true owner and filed a petitory action in proper venue and serves Paul on March 1, 2024. Paul settles so Michael dismisses the suit on March 4th.
On May 2, 2024, Pauls sends Micheal an email saying "I renounce any claim I have in PMH, it's all yours." The next day he rethinks it and sends a follow up: "Ignore my prior email, I am staying and this land is mine." Assuming Paul remains in peaceful uninterrupted corporeal possession thereafter, when (if ever) can Paul claim short-term acquisitive prescription? explain
May 3, 2034
Michaels suit was a civil interruption, so Pauls clock restarts when suit ends (March 4, 2024) (art. 3462). Paul's acknowledge of Micheal as the true owner was another civil interruption (May 2, 2024)(Art. 3463) so his clock restarted again on May 3rd, when he began possession as owner again
Michael has a right of passage to drive across Paul's land. The last time he used it was in 2015. In 2020, Paul built a gate that blocked Michael's enternce. Michael files suit in 2025. did the servitude prescribe?
No, because the obstacle that prevented use from created by Paul, the servient estate owner, so the nonuse clock was suspended for up to 10 years (Art. 755)
Caitlin corporeally occupied Belle Terre on August 1, 2023. On January 20,2024, she was evicted when Josie arrived with armed security and forcefully removed all of Caitlin's stuff and built her own fence. Caitlin didn't sue and instead crept back onto the land on December 1, 2024 and continued living there. On May 5, 2025, Josie discoveres the re-entry and files and serves a possessory action against Caitlin. Caitlin counter-sues to have her right to possess recognized. Result?
BONUS: identify the disturbances
For eviction, you only lose right to possess if you don't recover within a year. Caitlin recovered 11 months later, so she didn't her right, but prescritption was interrupted. However, to prove the right to possess Cailtin needs to prove one year of continuous peaceful possession before the second disturbance. She only had 5 months after she regained possession so she fails to meet this requirement and Josie likely wins.
BONES: Eviction - disturbance in fact; Filing suit - disturbance in law