Key Takeaways
- Louisiana uses civil law property concepts different from common law states
- Usufruct is similar to a life estate in common law
- Forced heirship protects children's inheritance rights in Louisiana
- Community property rules apply to married couples in Louisiana
- Property boundaries and surveys are governed by Louisiana civil code
Louisiana Property Ownership
Louisiana's civil law system creates unique property ownership rules that differ significantly from common law states.
Types of Property Ownership
Individual Ownership
One person owns full ownership (dominium) of the property.
Community Property
Louisiana is a community property state:
| Property Type | Description |
|---|---|
| Community property | Property acquired during marriage |
| Separate property | Property owned before marriage, inherited, or gifted |
Community Property Rules
| Rule | Application |
|---|---|
| Equal ownership | Spouses own community property equally |
| Management | Either spouse can manage community property |
| Disposition | Both spouses must consent to sell immovables |
| Division | Divided equally upon divorce |
Important: Both spouses must sign to sell community property!
Co-Ownership (Indivision)
When multiple people own property together:
| Concept | Description |
|---|---|
| Indivision | Louisiana term for co-ownership |
| Equal shares presumed | Unless otherwise specified |
| Right to partition | Co-owners can force division or sale |
Usufruct (Similar to Life Estate)
Usufruct is a Louisiana civil law concept similar to a life estate:
| Element | Description |
|---|---|
| Usufructuary | Person with right to use property |
| Naked owner | Person who owns property subject to usufruct |
| Duration | Usually for life of usufructuary |
| Rights | Use property and receive income/fruits |
| Limitations | Cannot damage or destroy the property |
Common Usufruct Situations
- Surviving spouse has usufruct of deceased spouse's share
- Parent grants usufruct to child while retaining ownership
- Estate planning to avoid probate
Forced Heirship
Forced heirship protects children's inheritance rights:
| Forced Heirs | Conditions |
|---|---|
| Children under 24 | All children under age 24 |
| Children of any age | If permanently incapable of caring for themselves |
Forced Portion (Legitime)
| Number of Forced Heirs | Forced Portion |
|---|---|
| 1 forced heir | 25% of estate |
| 2 or more forced heirs | 50% of estate |
Example: A parent with two children under 24 must leave at least 50% of their estate to those children.
Servitudes (Easements)
Louisiana uses servitudes instead of "easements":
| Type | Description |
|---|---|
| Personal servitude | Benefits a specific person (like usufruct) |
| Predial servitude | Benefits a dominant estate |
Common Servitudes
| Servitude | Purpose |
|---|---|
| Right of passage | Access across another's property |
| View | Light and air rights |
| Drainage | Water runoff |
| Support | Building support |
Property Boundaries and Surveys
Louisiana civil code governs property boundaries:
Boundary Disputes
| Concept | Description |
|---|---|
| Boundary action | Legal action to establish property lines |
| Prescription | Acquiring property rights through possession |
| 10-year prescription | Good faith, just title |
| 30-year prescription | Possession without title |
Encroachments
| Rule | Application |
|---|---|
| Bad faith | Encroacher must remove structure |
| Good faith | Negotiations may allow structure to remain |
| Compensation | Payment may be required |
Successions (Inheritance)
Louisiana uses successions for estate transfers:
| Term | Meaning |
|---|---|
| Succession | The transfer of property at death |
| Intestate | Dying without a will |
| Testate | Dying with a will |
| Forced heirs | Must receive forced portion |
Order of Inheritance (Intestate)
- Children and descendants
- Surviving spouse (community property share)
- Parents, siblings
- More remote relatives
- State (if no heirs)
Mineral Rights
Louisiana has significant mineral rights law:
| Concept | Description |
|---|---|
| Mineral rights | Can be severed from surface |
| Mineral lease | Grants extraction rights |
| Royalties | Payments to mineral owner |
| Prescription | Rights expire if unused (10 years) |
Note: In many Louisiana transactions, mineral rights are specifically addressed due to oil and gas resources.
In Louisiana, what is "usufruct"?
Under Louisiana's forced heirship laws, what portion of an estate must be left to two or more forced heirs?
In a Louisiana community property situation, what is required to sell immovable property acquired during marriage?