Civil Law Property--Accession Flashcards

Civil Law Property--Accession Flashcards A predial lessee--may incorporate in the immovable he has leased, or attach to it, certain machinery, equipment, or appliances so as to become component parts of the immovable.(art. 486) a possessor in bad faith--is bound to restore to the owner the fruits he has gathered, or their value, subject to his claim for reimbursement of expenses.(art. 494) When the owner of an immovable makes on it constructions, plantings, or works with materials of another-- he may retain them, regardless of his good or bad faith, on reimbursing the owner of the materials their current value and repairing the injury that he may caused them.(art. 493) If he does not remove them within ninety days after the written demand-- appropriate ownership of the improvements, by providing an additional written notice by certified mail, and upon receipt of the certified mail by the owner of the improvements, the owner of the land obtains ownership of the improvements.This provision may apply by analogy--to one who possesses more land than his title calls for with the belief that he is owner of the excess.The transfer or encumbrance of an immovable includes its component parts. In the absence of a recorded instrument-- the third person's or good faith possessor's rights in constructions, plantings, or works that he may have made on the land of another are lost in case of alienation of the land.The possessor is always required to produce his title--BUT he is not require to prove good faith--because good faith is presumed--and it's rebuttable.(art. 495) One who incorporates in, or attaches to, the immovables of another, with his consent, things that become component parts of the immovable under article 465 and 466-- may--in the absence of other provisions of law or juridical acts--remove them subject to his obligation of restoring the property to its former condition.LA Const. Art. 1, § 2 provides--that no person shall be deprived of life, liberty or property, except by due process of law.(art. 488) Products--derived from a thing as a result of diminution of its substance-- belong to the owner of that thing. When they are reclaimed by the owner, a good faith possessor has the right of reimbursement of his expenses--bad faith possessors don have this right.one may lease or to the owner of an immovable-- various movables--such as appliances; machinery; or equipment. These may be so incorporated in, or attached to it, as to become its component parts.(art. 2695) (2) (b) Appropriation of the improvement by the lessor may only be accomplished-- by providing additional notice by certified mail to the lessee after expiration of the time given the lessee to remove the improvements.Examples of a Juridical act--a contract, or a testament, of the owner of the entire building when authorized expressly by law. If the building is owned indivision--all co-owners must consent.

(art. 493) When the owner of buildings, other constructions permanently attached to the ground, or plantings no longer has the right to keep them on the land of another-- he may remove them subject to his obligation to restore the property to its former condition.(art. 493) Buildings, other constructions permanently attached to the ground, and plantings made on the land of another with his consent-- belong to the person who made them. They belong to the owner of the ground when they are made without his consent.(art. 496) When constructions, plantings, or works are made by a possessor in good faith-- the owner of the immovable may not demand their demolition and removal. He is bound to keep them, and at this option to pay to the possessor either the cost of the materials and workmanship, or their current value, or the enhanced value of the immovable.Separate ownership of a floor or an apartment may not be established-- by acquisitive prescription, by judgment in an action for partition, or by juridical act by an owner indivision.A juridical act--is a manifestation of will intended to have legal consequences.The predial lessee may assert his right against a transferee of the immovable IF-- he has has filed an instrument for registry in the conveyance records of the parish the immovable is located.a possessor may be in good faith even though-- his title is null--or annullable--on account of defects of substance or form.(art. 489) In the absence of other contractual provisions, one who is entitled to the fruits of a thing from a certain time, or up to a certain time-- acquires ownership of natural fruits gathered during the existence of his right, and part of the civil fruits proportionate to the duration of his right.distinction between possessor in good faith in matters of prescription, and in matters of accession-- For purposes of prescription, good faith and just title are distinct requirements whereas for purposes of accession good faith depends on the existence of an act translative of ownership and ignorance of its defects.A possessor is not in good faith--merely because he beliefs that his author was the true owner of the thing--he must be ignorant of his title's defects.(art. 2695) (2) (c) Until such time as the lessor appropriates the improvement-- the improvements shall remain the property of the lessee and the lessee shall be solely responsible for any harm caused by the improvements.(art. 493.2) One who has lost ownership of a thing to the owner of an immovable-- may have a claim against him, or against a third person in accordance with the provisions in article 494 (art. 493) Until such time as the owner of the land appropriates the improvements-- the improvements shall remain their maker's property, and he shall solely be responsible for any harm caused by the improvements.(art, 491) Buildings, other constructions permanently attached to the ground, standing timber, and unharvested crops, or ungathered fruits of trees-- may belong to a person other than the owner of the ground.Nevertheless, they are presumed to belong to the owner of the ground, unless separate ownership is evidenced by an instrument filed with for registry in he conveyance records of the parish where the immovable is located.(art. 492) Separate ownership of a part of building, such as a floor, an apartment, or a room may be established-- ONLY by a juridical act of the owner of the entire building when, and in the manner expressly authorized by law.

According to Louisiana Jurisprudence, persons engaging in timber, or mineral operations in good faith-- are bound to the owner of the land but they are entitled to reimbursement for their production costs.(art. 493) when buildings, other constructions permanently attached to the ground, or plantings are made on the separate property of a spouse with community assets, or with the other spouse's separate property, and when such improvements are made on community property with the other spouse's separate assets-- This article does not apply. The rights of the spouses are governed by articles 2366, 2367, and 2367.1.According to Louisiana jurisprudence, separable improvements are-- those that do not become merged with the soil and remain distinguishable as individual works--such as houses, barns, carports, ad the like.LA Const. Art. 1, § 4 provides--that property shall not be taken or damaged except for public purposes and with just and adequate compensation.The ownership of a thing includes by accession-- The ownership of everything it naturally or artificially produces--or is united with--in accordance with the

L.A.C.C.

(art. 487) Possessor in Good faith--for purposes of accession-- a possessor is in good faith when he possesses by virtue of a non-defective title. He ceases to be in good faith when these defects are made known to him, or an action is instituted against by the owner for recovery of the thing.(art. 486) A possessor in good faith--acquires ownership of fruits he has gathered. If he is evicted by the owner, he is entitled to reimbursement of expenses for fruits he was unable to gather.The right of accession--is a consequence of the right of ownership.(art. 497) If the owner does not demand demolition and removal-- he is bound to pay--at his option-- either the current value of the materials and workmanship of the separable improvements that he has kept, or the enhanced value of the immovable.(art. 483) In the absence of rights of other persons--the owner of a thing acquires the ownership of its natural and civil fruits a possessor is bound to restore to the owner the products of a thing under Article 488 (products), and, in addition, he may be liable for an offense or quasi offense he may have committed.Inseparable improvements are--those that become permanently merged with the soil and lose the identity as separate works--such as clearing, draining, filling in, digging, irrigation ditches; building levees, reservoirs, or lakes, and the like.Good faith is not excluded--by error of fact, or error of law.(art. 495) If he does not remove them after demand--the owner of the immovable property may have them removed at the expense of their make, or elect to keep them and pay--at his option--the current value of materials, and workmanship, or the enhanced value of the immovable.Example of an Exception to the requirement of possessor's ignorance of his title's defects-- One who acquires a thing from a minor without compliance with the requisite formalities may be in good faith if he has serious reasons to believe that the minor will ratify the

transaction upon reaching majority.