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Book II. Things and the Different Modifications of Ownership

Title I. Things

Chapter 1. Division of Things

Section 1. General Principles

Art. 448. Division of things

Things are divided into common, public, and private; corporeals and incorporeals; and movables and immovables.

Acts 1978, No. 728, §1.

Art. 449. Common things

Common things may not be owned by anyone.  They are such as the air and the high seas that may be freely used by everyone conformably with the use for which nature has intended them.

Acts 1978, No. 728, §1.

Art. 450. Public things

Public things are owned by the state or its political subdivisions in their capacity as public persons.

Public things that belong to the state are such as running waters, the waters and bottoms of natural navigable water bodies, the territorial sea, and the seashore.

Public things that may belong to political subdivisions of the state are such as streets and public squares.

Acts 1978, No. 728, §1.

Art. 451. Seashore

Seashore is the space of land over which the waters of the sea spread in the highest tide during the winter season.

Acts 1978, No. 728, §1.

Art. 452. Public things and common things subject to public use

Public things and common things are subject to public use in accordance with applicable laws and regulations.  Everyone has the right to fish in the rivers, ports, roadsteads, and harbors, and the right to land on the seashore, to fish, to shelter himself, to moor ships, to dry nets, and the like, provided that he does not cause injury to the property of adjoining owners.

The seashore within the limits of a municipality is subject to its police power, and the public use is governed by municipal ordinances and regulations.

Acts 1978, No. 728, §1.

Art. 453. Private things

Private things are owned by individuals, other private persons, and by the state or its political subdivisions in their capacity as private persons.

Acts 1978, No. 728, §1.

Art. 454. Freedom of disposition by private persons

Owners of private things may freely dispose of them under modifications established by law.

Acts 1978, No. 728, §1.

Art. 455. Private things subject to public use

Private things may be subject to public use in accordance with law or by dedication.

Acts 1978, No. 728.  §1.

Art. 456. Banks of navigable rivers or streams

The banks of navigable rivers or streams are private things that are subject to public use.

The bank of a navigable river or stream is the land lying between the ordinary low and the ordinary high stage of the water.  Nevertheless, when there is a levee in proximity to the water, established according to law, the levee shall form the bank.

Acts 1978, No. 728, §1.

Art. 457. Roads;  public or private

A road may be either public or private.

A public road is one that is subject to public use.  The public may own the land on which the road is built or merely have the right to use it.

A private road is one that is not subject to public use.

Acts 1978, No. 728, §1.

Art. 458. Works obstructing the public use

Works built without lawful permit on public things, including the sea, the seashore, and the bottom of natural navigable waters, or on the banks of navigable rivers, that obstruct the public use may be removed at the expense of the persons who built or own them at the instance of the public authorities, or of any person residing in the state.

The owner of the works may not prevent their removal by alleging prescription or possession.

Acts 1978, No. 728, §1.

Art. 459. Building encroaching on public way

A building that merely encroaches on a public way without preventing its use, and which cannot be removed without causing substantial damage to its owner, shall be permitted to remain.  If it is demolished from any cause, the owner shall be bound to restore to the public the part of the way upon which the building stood.

Acts 1978, No. 728, §1.

Art. 460. Construction of navigation facilities on public places by port commissions or municipalities

Port commissions of the state, or in the absence of port commissions having jurisdiction, municipalities may, within the limits of their respective jurisdictions, construct and maintain on public places, in beds of natural navigable water bodies, and on their banks or shores, works necessary for public utility, including buildings, wharves, and other facilities for the mooring of vessels and the loading or discharging of cargo and passengers.

Acts 1978, No. 728, §1.

Art. 461. Corporeals and incorporeals

Corporeals are things that have a body, whether animate or inanimate, and can be felt or touched.

Incorporeals are things that have no body, but are comprehended by the understanding, such as the rights of inheritance, servitudes, obligations, and right of intellectual property.

Acts 1978, No. 728, §1.

Section 2. Immovables

Art. 462. Tracts of land

Tracts of land, with their component parts, are immovables.

Acts 1978, No. 728, §1.

Art. 463. Component parts of tracts of land

Buildings, other constructions permanently attached to the ground, standing timber, and unharvested crops or ungathered fruits of trees, are component parts of a tract of land when they belong to the owner of the ground.

Acts 1978, No. 728, §1.

Art. 464. Buildings and standing timber as separate immovables

Buildings and standing timber are separate immovables when they belong to a person other than the owner of the ground.

Acts 1978, No. 728, §1.

Art. 465. Things incorporated into an immovable

Things incorporated into a tract of land, a building, or other construction, so as to become an integral part of it, such as building materials, are its component parts.

Acts 1978, No. 728, §1.

Art. 466. Component parts of a building or other construction

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.  Component parts of this kind may include doors, shutters, gutters, and cabinetry, as well as plumbing, heating, cooling, electrical, and similar systems.

Things that are attached to a construction other than a building and that serve its principal use are its component parts.

Other things are component parts of a building or other construction if they are attached to such a degree that they cannot be removed without substantial damage to themselves or to the building or other construction.

Acts 1978, No. 728, §1; Acts 2005, No. 301, §1, eff. June 29, 2005; Acts 2006, No. 765, §1; Acts 2008, No. 632, §1, eff. July 1, 2008.

Art. 467. Immovables by declaration

The owner of an immovable may declare that machinery, appliances, and equipment owned by him and placed on the immovable, other than his private residence, for its service and improvement are deemed to be its component parts.  The declaration shall be filed for registry in the conveyance records of the parish in which the immovable is located.

Acts 1978, No. 728, §1.

Art. 468. Deimmobilization

Component parts of an immovable so damaged or deteriorated that they can no longer serve the use of lands or buildings are deimmobilized.

The owner may deimmobilize the component parts of an immovable by an act translative of ownership and delivery to acquirers in good faith.

In the absence of rights of third persons, the owner may deimmobilize things by detachment or removal.

Acts 1978, No. 728, §1.  Amended by Acts 1979, No. 180, §2.

Art. 469. Transfer or encumbrance of immovable

The transfer or encumbrance of an immovable includes its component parts.

Acts 1978, No. 728, §1.  Amended by Acts 1979, No. 180, §2.

Art. 470. Incorporeal immovables

Rights and actions that apply to immovable things are incorporeal immovables.  Immovables of this kind are such as personal servitudes established on immovables, predial servitudes, mineral rights, and petitory or possessory actions.

Acts 1978, No. 728, §1.

Section 3. Movables

Art. 471. Corporeal movables

Corporeal movables are things, whether animate or inanimate, that normally move or can be moved from one place to another.

Acts 1978, No. 728, §1.

Art. 472. Building materials

Materials gathered for the erection of a new building or other construction, even though deriving from the demolition of an old one, are movables until their incorporation into the new building or after construction.

Materials separated from a building or other construction for the purpose of repair, addition, or alteration to it, with the intention of putting them back, remain immovables.

Acts 1978, No. 728, §1.

Art. 473. Incorporeal movables

Rights, obligations, and actions that apply to a movable thing are incorporeal movables.  Movables of this kind are such as bonds, annuities, and interests or shares in entities possessing juridical personality.

Interests or shares in a juridical person that owns immovables are considered as movables as long as the entity exists; upon its dissolution, the right of each individual to a share in the immovables is an immovable.

Acts 1978, No. 728, §1.

Art. 474. Movables by anticipation

Unharvested crops and ungathered fruits of trees are movables by anticipation when they belong to a person other than the landowner.  When encumbered with security rights of third persons, they are movables by anticipation insofar as the creditor is concerned.

The landowner may, by act translative of ownership or by pledge, mobilize by anticipation unharvested crops and ungathered fruits of trees that belong to him.

Acts 1978, No. 728, §1.

Art. 475. Things not immovable

All things, corporeal or incorporeal, that the law does not consider as immovables, are movables.

Acts 1978, No. 728, §1.

Chapter 2. Rights in Things

Art. 476. Rights in things

One may have various rights in things:

1.  Ownership;

2.  Personal and predial servitudes; and

3.  Such other real rights as the law allows.

Acts 1978, No. 728, §1.

Title II. Ownership

Chapter 1. General Principles

Art. 477. Ownership;  content

A.  Ownership is the right that confers on a person direct, immediate, and exclusive authority over a thing.  The owner of a thing may use, enjoy, and dispose of it within the limits and under the conditions established by law.

B.  A buyer and occupant of a residence under a bond for deed contract is the owner of the thing for purposes of the homestead exemption granted to other property owners pursuant to Article VII, Section 20(A) of the Constitution of Louisiana.  The buyer under a bond for deed contract shall apply for the homestead exemption each year.

Acts 1979, No. 180, §1; Acts 1995, No. 640, §1, eff. Jan. 1, 1996; HR 17, 1998 1st Ex. Sess.; HCR 13, 1998 R.S.

Art. 478. Resolutory condition;  real right in favor of other person

The right of ownership may be subject to a resolutory condition, and it may be burdened with a real right in favor of another person as allowed by law.  The ownership of a thing burdened with a usufruct is designated as naked ownership.

Acts 1979, No. 180, §1.

Art. 479. Necessity of a person

The right of ownership may exist only in favor of a natural person or a juridical person.

Acts 1979, No. 180, §1.

Art. 480. Co-ownership

Two or more persons may own the same thing in indivision, each having an undivided share.

Acts 1979, No. 180, §1.

Art. 481. Ownership and possession distinguished

The ownership and the possession of a thing are distinct.

Ownership exists independently of any exercise of it and may not be lost by nonuse.  Ownership is lost when acquisitive prescription accrues in favor of an adverse possessor.

Acts 1979, No. 180, §1.

Art. 482. Accession

The ownership of a thing includes by accession the ownership of everything that it produces or is united with it, either naturally or artificially, in accordance with the following provisions.

Acts 1979, No. 180, §1.

Chapter 2. Right of Accession

Section 1. Ownership of Fruits

Art. 483. Ownership of fruits by accession

In the absence of rights of other persons, the owner of a thing acquires the ownership of its natural and civil fruits.

Acts 1979, No. 180, §1.

Art. 484. Young of animals

The young of animals belong to the owner of the mother of them.

Acts 1979, No. 180, §1.

Art. 485. Fruits produced by a third person;  reimbursement

When fruits that belong to the owner of a thing by accession are produced by the work of another person, or from seeds sown by him, the owner may retain them on reimbursing such person his expenses.

Acts 1979, No. 180, §1.

Art. 486. Possessor's right to fruits

A possessor in good faith acquires the 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.

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.

Acts 1979, No. 180, §1.

Art. 487. Possessor in good faith;  definition

For purposes of accession, a possessor is in good faith when he possesses by virtue of an act translative of ownership and does not know of any defects in his ownership.  He ceases to be in good faith when these defects are made known to him or an action is instituted against him by the owner for the recovery of the thing.

Acts 1979, No. 180, §1.

Art. 488. Products;  reimbursement of expenses

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 possessor in good faith has the right to reimbursement of his expenses.  A possessor in bad faith does not have this right.

Acts 1979, No. 180, §1.

Art. 489. Apportionment of fruits

In the absence of other provisions, one who is entitled to the fruits of a thing from a certain time or up to a certain time acquires the ownership of natural fruits gathered during the existence of his right, and a part of the civil fruits proportionate to the duration of his right.

Acts 1979, No. 180, §1.

Section 2. Accession in Relation to Immovables

Art. 490. Accession above and below the surface

Unless otherwise provided by law, the ownership of a tract of land carries with it the ownership of everything that is directly above or under it.

The owner may make works on, above, or below the land as he pleases, and draw all the advantages that accrue from them, unless he is restrained by law or by rights of others.

Acts 1979, No. 180, §1.

Art. 491. Buildings, other constructions, standing timber, and crops

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 for registry in the conveyance records of the parish in which the immovable is located.

Acts 1979, No. 180, §1.

Art. 492. Separate ownership of part of a building

Separate ownership of a part of a 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.

Acts 1979, No. 180, §1.

Art. 493. Ownership of improvements

Buildings, other constructions permanently attached to the ground, and plantings made on the land of another with his consent belong to him who made them.  They belong to the owner of the ground when they are made without his consent.

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.  If he does not remove them within ninety days after written demand, the owner of the land may, after the ninetieth day from the date of mailing 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 and owes nothing to the owner of the improvements.  Until such time as the owner of the land appropriates the improvements, the improvements shall remain the property of he who made them and he shall be solely responsible for any harm caused by the improvements.

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 separate assets of the other spouse and when such improvements are made on community property with the separate assets of a spouse, this Article does not apply.  The rights of the spouses are governed by Articles 2366, 2367, and 2367.1.

Acts 1984, No. 933, §1; Acts 2003, No. 715, §1.

NOTE:  See HCR No 306, 2004 R.S., relative to retroactive effects.

Art. 493.1. Ownership of component parts

Things incorporated in or attached to an immovable so as to become its component parts under Articles 465 and 466 belong to the owner of the immovable.

Acts 1984, No. 933, §1.

Art. 493.2. Loss of ownership by accession;  claims of former owner

One who has lost the 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 following provisions.

Acts 1984, No. 933, §1.

Art. 494. Constructions by landowner with materials of another

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 have caused to him.

Acts 1979, No. 180, §1.

Art. 495. Things incorporated in, or attached to, an immovable with the consent of the owner of the immovable

One who incorporates in, or attaches to, the immovable of another, with his consent, things that become component parts of the immovable under Articles 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.

If he does not remove them after demand, the owner of the immovable may have them removed at the expense of the person who made them or elect to keep them and pay, at his option, the current value of the materials and of the workmanship or the enhanced value of the immovable.

Acts 1979, No. 180, §1.

Art. 496. Constructions by possessor in good faith

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 his option to pay to the possessor either the cost of the materials and of the workmanship, or their current value, or the enhanced value of the immovable.

Acts 1979, No. 180, §1.

Art. 497. Constructions by bad faith possessor

When constructions, plantings, or works are made by a bad faith possessor, the owner of the immovable may keep them or he may demand their demolition and removal at the expense of the possessor, and, in addition, damages for the injury that he may have sustained.  If he does not demand demolition and removal, he is bound to pay at his option either the current value of the materials and of the workmanship of the separable improvements that he has kept or the enhanced value of the immovable.

Acts 1979, No. 180, §1.

Art. 498. Claims against third persons

One who has lost the ownership of a thing to the owner of an immovable may assert against third persons his rights under Articles 493, 493.1, 494, 495, 496, or 497 when they are evidenced by an instrument filed for registry in the appropriate conveyance or mortgage records of the parish in which the immovable is located.

Acts 1979, No. 180, §1.  Acts 1984, No. 933, §1.

Art. 499. Alluvion and dereliction

Accretion formed successively and imperceptibly on the bank of a river or stream, whether navigable or not, is called alluvion.  The alluvion belongs to the owner of the bank, who is bound to leave public that portion of the bank which is required for the public use.

The same rule applies to dereliction formed by water receding imperceptibly from a bank of a river or stream.  The owner of the land situated at the edge of the bank left dry owns the dereliction.

Acts 1979, No. 180, §1.

Art. 500. Shore of the sea or of a lake

There is no right to alluvion or dereliction on the shore of the sea or of lakes.

Acts 1979, No. 180, §1.

Art. 501. Division of alluvion

Alluvion formed in front of the property of several owners is divided equitably, taking into account the extent of the front of each property prior to the formation of the alluvion in issue.  Each owner is entitled to a fair proportion of the area of the alluvion and a fair proportion of the new frontage on the river, depending on the relative values of the frontage and the acreage.

Acts 1979, No. 180, §1.

Art. 502. Sudden action of waters

If a sudden action of the waters of a river or stream carries away an identifiable piece of ground and unites it with other lands on the same or on the opposite bank, the ownership of the piece of ground so carried away is not lost.  The owner may claim it within a year, or even later, if the owner of the bank with which it is united has not taken possession.

Acts 1979, No. 180, §1.

Art. 503. Island formed by river opening a new channel

When a river or stream, whether navigable or not, opens a new channel and surrounds riparian land making it an island, the ownership of that land is not affected.

Acts 1979, No. 180, §1.

Art. 504. Ownership of abandoned bed when river changes course

When a navigable river or stream abandons its bed and opens a new one, the owners of the land on which the new bed is located shall take by way of indemnification the abandoned bed, each in proportion to the quantity of land that he lost.

If the river returns to the old bed, each shall take his former land.

Acts 1979, No. 180, §1.

Art. 505. Islands and sandbars in navigable rivers

Islands, and sandbars that are not attached to a bank, formed in the beds of navigable rivers or streams, belong to the state.

Acts 1979, No. 180, §1.

Art. 506. Ownership of beds of nonnavigable rivers or streams

In the absence of title or prescription, the beds of nonnavigable rivers or streams belong to the riparian owners along a line drawn in the middle of the bed.

Acts 1979, No. 180, §1.

Section 3. Accession in Relation to Movables

Art. 507. Accession as between movables

In the absence of other provisions of law or contract, the consequences of accession as between movables are determined according to the following rules.

Acts 1979, No. 180, §1.

Art. 508. Things principal and accessory

Things are divided into principal and accessory.  For purposes of accession as between movables, an accessory is a corporeal movable that serves the use, ornament, or complement of the principal thing.

In the case of a principal thing consisting of a movable construction permanently attached to the ground, its accessories include things that would constitute its component parts under Article 466 if the construction were immovable.

Acts 1979, No. 180, §1; Acts 2008, No. 632, §1, eff. July 1, 2008.

Art. 509. Value or bulk as a basis to determine principal thing

In case of doubt as to which is a principal thing and which is an accessory, the most valuable, or the most bulky if value is nearly equal, shall be deemed to be principal.

Acts 1979, No. 180, §1.

Art. 510. Union of a principal and an accessory thing

When two corporeal movables are united to form a whole, and one of them is an accessory of the other, the whole belongs to the owner of the principal thing.  The owner of the principal thing is bound to reimburse the owner of the accessory its value.  The owner of the accessory may demand that it be separated and returned to him, although the separation may cause some injury to the principal thing, if the accessory is more valuable than the principal and has been used without his knowledge.

Acts 1979, No. 180, §1.

Art. 511. Ownership of new thing made with materials of another

When one uses materials of another to make a new thing, the thing belongs to the owner of the materials, regardless of whether they may be given their earlier form.  The owner is bound to reimburse the value of the workmanship.

Nevertheless, when the value of the workmanship substantially exceeds that of the materials, the thing belongs to him who made it.  In this case, he is bound to reimburse the owner of the materials their value.

Acts 1979, No. 180, §1.

Art. 512. Effect of bad faith

If the person who made the new thing was in bad faith, the court may award its ownership to the owner of the materials.

Acts 1979, No. 180, §1.

Art. 513. Use of materials of two owners;  separation or co-ownership

When one used partly his own materials and partly the materials of another to make a new thing, unless the materials can be conveniently separated, the thing belongs to the owners of the materials in indivision.  The share of one is determined in proportion to the value of his materials and of the other in proportion to the value of his materials and workmanship.

Acts 1979, No. 180, §1.

Art. 514. Mixture of materials

When a new thing is formed by the mixture of materials of different owners, and none of them may be considered as principal, an owner who has not consented to the mixture may demand separation if it can be conveniently made.

If separation cannot be conveniently made, the thing resulting from the mixture belongs to the owners of the materials in indivision.  The share of each is determined in proportion to the value of his materials.

One whose materials are far superior in value in comparison with those of any one of the others, may claim the thing resulting from the mixture.  He is then bound to reimburse the others the value of their materials.

Acts 1979, No. 180, §1.

Art. 515. Recovery of materials or value in lieu of ownership

When an owner of materials that have been used without his knowledge for the making of a new thing acquires the ownership of that thing, he may demand that, in lieu of the ownership of the new thing, materials of the same species, quantity, weight, measure and quality or their value be delivered to him.

Acts 1979, No. 180, §1.

Art. 516. Liability for unauthorized use of a movable

One who uses a movable of another, without his knowledge, for the making of a new thing may be liable for the payment of damages.

Acts 1979, No. 180, §1.

Chapter 3. Transfer of Ownership by Agreement

Art. 517. Voluntary transfer of ownership of an immovable

The ownership of an immovable is voluntarily transferred by a contract between the owner and the transferee that purports to transfer the ownership of the immovable.  The transfer of ownership takes place between the parties by the effect of the agreement and is not effective against third persons until the contract is filed for registry in the conveyance records of the parish in which the immovable is located.

Acts 1979, No. 180, §1; Acts 2005, No. 169, §2, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.

Art. 518. Voluntary transfer of the ownership of a movable

The ownership of a movable is voluntarily transferred by a contract between the owner and the transferee that purports to transfer the ownership of the movable.  Unless otherwise provided, the transfer of ownership takes place as between the parties by the effect of the agreement and against third persons when the possession of the movable is delivered to the transferee.

When possession has not been delivered, a subsequent transferee to whom possession is delivered acquires ownership provided he is in good faith.  Creditors of the transferor may seize the movable while it is still in his possession.

Acts 1984, No. 331, §2, eff. Jan. 1, 1985.

Art. 519. Transfer of action for recovery of movable

When a movable is in the possession of a third person, the assignment of the action for the recovery of that movable suffices for the transfer of its ownership.

Acts 1979, No. 180, §1.

Art. 521. Lost or stolen thing

One who has possession of a lost or stolen thing may not transfer its ownership to another.  For purposes of this Chapter, a thing is stolen when one has taken possession of it without the consent of its owner.  A thing is not stolen when the owner delivers it or transfers its ownership to another as a result of fraud.

Acts 1979, No. 180, §1.

Art. 522. Transfer of ownership by owner under annullable title

A transferee of a corporeal movable in good faith and for fair value retains the ownership of the thing even though the title of the transferor is annulled on account of a vice of consent.

Acts 1979, No. 180, §1.

Art. 523. Good faith;  definition

An acquirer of a corporeal movable is in good faith for purposes of this Chapter unless he knows, or should have known, that the transferor was not the owner.

Acts 1979, No. 180, §1.

Art. 524. Recovery of lost or stolen things

The owner of a lost or stolen movable may recover it from a possessor who bought it in good faith at a public auction or from a merchant customarily selling similar things on reimbursing the purchase price.

The former owner of a lost, stolen, or abandoned movable that has been sold by authority of law may not recover it from the purchaser.

Acts 1979, No. 180, §1.

Art. 525. Registered movables

The provisions of this Chapter do not apply to movables that are required by law to be registered in public records.

Acts 1979, No. 180, §1.

Chapter 4. Protection of Ownership

Art. 526. Recognition of ownership;  recovery of the thing

The owner of a thing is entitled to recover it from anyone who possesses or detains it without right and to obtain judgment recognizing his ownership and ordering delivery of the thing to him.

Acts 1979, No. 180, §1.

Art. 527. Necessary expenses

The evicted possessor, whether in good or in bad faith, is entitled to recover from the owner compensation for necessary expenses incurred for the preservation of the thing and for the discharge of private or public burdens.  He is not entitled to recover expenses for ordinary maintenance or repairs.

Acts 1979, No. 180, §1.

Art. 528. Useful expenses

An evicted possessor in good faith is entitled to recover from the owner his useful expenses to the extent that they have enhanced the value of the thing.

Acts 1979, No. 180, §1.

Art. 529. Right of retention

The possessor, whether in good or in bad faith, may retain possession of the thing until he is reimbursed for expenses and improvements which he is entitled to claim.

Acts 1979, No. 180, §1.

Art. 530. Presumption of ownership of movable

The possessor of a corporeal movable is presumed to be its owner.  The previous possessor of a corporeal movable is presumed to have been its owner during the period of his possession.

These presumptions do not avail against a previous possessor who was dispossessed as a result of loss or theft.

Acts 1979, No. 180, §1.

Art. 531. Proof of ownership of immovable

One who claims the ownership of an immovable against another in possession must prove that he has acquired ownership from a previous owner or by acquisitive prescription.  If neither party is in possession, he need only prove a better title.

Acts 1979, No. 180, §1.

Art. 532. Common author

When the titles of the parties are traced to a common author, he is presumed to be the previous owner.

Acts 1979, No. 180, §1.

Title III. Personal Servitudes

Chapter 1. Kinds of Servitudes

Art. 533. Kinds of servitudes

There are two kinds of servitudes: personal servitudes and predial servitudes.

Acts 1976, No. 103, §1.

Art. 534. Personal servitude

A personal servitude is a charge on a thing for the benefit of a person.  There are three sorts of personal servitudes: usufruct, habitation, and rights of use.

Acts 1976, No. 103, §1.

Chapter 2. Usufruct

Section 1. General Principles

Art. 535. Usufruct

Usufruct is a real right of limited duration on the property of another.  The features of the right vary with the nature of the things subject to it as consumables or nonconsumables.

Acts 1976, No. 103, §1.

Art. 536. Consumable things

Consumable things are those that cannot be used without being expended or consumed, or without their substance being changed, such as money, harvested agricultural products, stocks of merchandise, foodstuffs, and beverages.

Acts 1976, No. 103, §1.

Art. 537. Nonconsumable things

Nonconsumable things are those that may be enjoyed without alteration of their substance, although their substance may be diminished or deteriorated naturally by time or by the use to which they are applied, such as lands, houses, shares of stock, animals, furniture, and vehicles.

Acts 1976, No. 103, §1.

Art. 538. Usufruct of consumable things

If the things subject to the usufruct are consumables, the usufructuary becomes owner of them.  He may consume, alienate, or encumber them as he sees fit.  At the termination of the usufruct he is bound either to pay to the naked owner  the value that the things had at the commencement of the usufruct or to deliver to him things of the same quantity and quality.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 539. Usufruct of nonconsumable things

If the things subject to the usufruct are nonconsumables, the usufructuary has the right to possess them and to derive the utility, profits, and advantages that they may produce, under the obligation of preserving their substance.

He is bound to use them as a prudent administrator and to deliver them to the naked owner at the termination of the usufruct.

Acts 1976, No. 103, §1.

Art. 540. Nature of usufruct

Usufruct is an incorporeal thing.  It is movable or immovable according to the nature of the thing upon which the right exists.

Acts 1976, No. 103, §1.

Art. 541. Divisibility of usufruct

Usufruct is susceptible to division, because its purpose is the enjoyment of advantages that are themselves divisible.  It may be conferred on several persons in divided or undivided shares, and it may be partitioned among the usufructuaries.

Acts 1976, No. 103, §1.

Art. 542. Divisibility of naked ownership

The naked ownership may be partitioned subject to the rights of the usufructuary.

Acts 1976, No. 103, §1.

Art. 543. Partition of the property in kind or by licitation

When property is held in indivision, a person having a share in full ownership may demand partition of the property in kind or by licitation, even though there may be other shares in naked ownership and usufruct.

A person having a share in naked ownership only or in usufruct only does not have this right, unless a naked owner of an undivided share and a usufructuary of that share jointly demand partition in kind or by licitation, in which event their combined shares shall be deemed to constitute a share in full ownership.

Acts 1983, No. 535, §1.

Art. 544. Methods of establishing usufruct;  things susceptible of usufruct

Usufruct may be established by a juridical act either inter vivos or mortis causa, or by operation of law.  The usufruct created by juridical act is called conventional; the usufruct created by operation of law is called legal.

Usufruct may be established on all kinds of things, movable or immovable, corporeal or incorporeal.

Acts 1976, No. 103, §1.

Art. 545. Modifications of usufruct

Usufruct may be established for a term or under a condition, and subject to any modification consistent with the nature of usufruct.

The rights and obligations of the usufructuary and of the naked owner may be modified by agreement unless modification is prohibited by law or by the grantor in the act establishing the usufruct.

Acts 1976, No. 103, §1.

Art. 546. Usufruct in favor of successive usufructuaries

Usufruct may be established in favor of successive usufructuaries.

Acts 1976, No. 103, §1.

Art. 547. Usufruct in favor of several usufructuaries

When the usufruct is established in favor of several usufructuaries, the termination of the interest of one usufructuary inures to the benefit of those remaining, unless the grantor has expressly provided otherwise.

Acts 1976, No. 103, §1.

Art. 548. Existence of usufructuaries

When the usufruct is established by an act inter vivos, the usufructuary must exist or be conceived at the time of the execution of the instrument.  When the usufruct is established by an act mortis causa, the usufructuary must exist or be conceived at the time of the death of the testator.

Acts 1976, No. 103, §1.

Art. 549. Capacity to receive usufruct

Usufruct may be established in favor of a natural person or a juridical person.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Section 2. Rights of the Usufructuary

Art. 550. Right to all fruits

The usufructuary is entitled to the fruits of the thing subject to usufruct according to the following articles.

Acts 1976, No. 103, §1.

Art. 551. Kinds of fruits

Fruits are things that are produced by or derived from another thing without diminution of its substance.

There are two kinds of fruits; natural fruits and civil fruits.

Natural fruits are products of the earth or of animals.

Civil fruits are revenues derived from a thing by operation of law or by reason of a juridical act, such as rentals, interest, and certain corporate distributions.

Acts 1976, No. 103, §1.

Art. 552. Corporate distributions

A cash dividend declared during the existence of the usufruct belongs to the usufructuary.  A liquidation dividend or a stock redemption payment belongs to the naked owner subject to the usufruct.

Stock dividends and stock splits declared during the existence of the usufruct belong to the naked owner subject to the usufruct.

A stock warrant and a subscription right declared during the existence of the usufruct belong to the naked owner free of the usufruct.

Acts 1976, No. 103, §1.

Art. 553. Voting of shares of stock and other rights

Art. 553.  Voting of shares of stock and other rights

The usufructuary has the right to vote shares of stock in corporations and to vote or exercise similar rights with respect to interests in other juridical persons, unless otherwise provided.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 554. Commencement of the right to fruits

The usufructuary's right to fruits commences on the effective date of the usufruct.

Acts 1976, No. 103, §1.

Art. 555. Nonapportionment of natural fruits

The usufructuary acquires the ownership of natural fruits severed during the existence of the usufruct.  Natural fruits not severed at the end of the usufruct belong to the naked owner.

Acts 1976, No. 103, §1.

Art. 556. Apportionment of civil fruits

The usufructuary acquires the ownership of civil fruits accruing during the existence of the usufruct.

Civil fruits accrue day by day and the usufructuary is entitled to them regardless of when they are received.

Acts 1976, No. 103, §1.

Art. 557. Possession and use of the things

The usufructuary takes the things in the state in which they are at the commencement of the usufruct.

Acts 1976, No. 103, §1.

Art. 558. Improvements and alterations

The usufructuary may make improvements and alterations on the property subject to the usufruct at his cost and with the written consent of the naked owner.  If the naked owner fails or refuses to give his consent, the usufructuary may, after notice to the naked owner and with the approval of the court, make at his cost those improvements and alterations that a prudent administrator would make.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 559. Accessories

The right of usufruct extends to the accessories of the thing at the commencement of the usufruct.

Acts 1976, No. 103, §1.

Art. 560. Trees, stones, and other materials

The usufructuary may cut trees growing on the land of which he has the usufruct and take stones, sand, and other materials from it, but only for his use or for the improvement or cultivation of the land.

Acts 1976, No. 103, §1.

Art. 561. Mines and quarries

The rights of the usufructuary and of the naked owner in mines and quarries are governed by the Mineral Code.

Acts 1976, No. 103, §1.

Art. 562. Usufruct of timberlands

When the usufruct includes timberlands, the usufructuary is bound to manage them as a prudent administrator.  The proceeds of timber operations that are derived from proper management of timberlands belong to the usufructuary.

Acts 1976, No. 103, §1.

Art. 563. Alluvion

The usufruct extends to the increase to the land caused by alluvion or dereliction.

Acts 1976, No. 103, §1.

Art. 564. Treasure

The usufructuary has no right to the enjoyment of a treasure found in the property of which he has the usufruct.  If the usufructuary has found the treasure, he is entitled to keep one-half of it as finder.

Acts 1976, No. 103, §1.

Art. 565. Predial servitudes

The usufructuary has a right to the enjoyment of predial servitudes due to the estate of which he has the usufruct.  When the estate is enclosed within other lands belonging to the grantor of the usufruct, the usufructuary is entitled to a gratuitous right of passage.

Acts 1976, No. 103, §1.

Art. 566. Actions

The usufructuary may institute against the naked owner or third persons all actions that are necessary to insure the possession, enjoyment, and preservation of his right.

Acts 1976, No. 103, §1.

Art. 567. Contracts affecting the usufructuary's liability

The usufructuary may lease, alienate, or encumber his right.  All such contracts cease of right at the end of the usufruct.

If the usufructuary leases, alienates, or encumbers his right, he is responsible to the naked owner for the abuse that the person with whom he has contracted makes of the property.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 568. Disposition of nonconsumable things

The usufructuary may not dispose of nonconsumable things unless the right to do so has been expressly granted to him.  Nevertheless, he may dispose of corporeal movables that are gradually and substantially impaired by use, wear, or decay, such as equipment, appliances, and vehicles, provided that he acts as a prudent administrator.

The right to dispose of a nonconsumable thing includes the rights to lease, alienate, and encumber the thing.  It does not include the right to alienate by donation inter vivos, unless that right is expressly granted.

Acts 1976, No. 103, §1; Acts 1986, No. 203, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 568.1. Donation and alienation

If a thing subject to the usufruct is donated inter vivos by the usufructuary, he is obligated to pay to the naked owner at the termination of the usufruct the value of the thing as of the time of the donation.  If a thing subject to the usufruct is otherwise alienated by the usufructuary, the usufruct attaches to any money or other property received by the usufructuary.  The property received shall be classified as consumable or nonconsumable in accordance with the provisions of this Title, and the usufruct shall be governed by those provisions subject to the terms of the act establishing the original usufruct.  If, at the time of the alienation, the value of the property received by the usufructuary is less than the value of the thing alienated, the usufructuary is bound to pay the difference to the naked owner at the termination of the usufruct.

Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 568.2. Right to lease

The right to dispose of a nonconsumable thing includes the right to lease the thing for a term that extends beyond the termination of the usufruct.  If, at the termination of the usufruct, the thing remains subject to the lease, the usufructuary is accountable to the naked owner for any diminution in the value of the thing at that time attributable to the lease.

Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 568.3. Requirement to remove encumbrance

If, at the termination of the usufruct, the thing subject to the usufruct is burdened by an encumbrance established by the usufructuary to secure an obligation, the usufructuary is bound to remove the encumbrance.

Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 569. Duties with regard to things gradually or totally impaired

If the usufructuary has not disposed of corporeal movables that are by their nature impaired by use, wear, or decay, he is bound to deliver them to the owner in the state in which they may be at the end of the usufruct.

The usufructuary is relieved of this obligation if the things are entirely worn out by normal use, wear, or decay.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Section 3. Obligations of the Usufructuary

Art. 570. Inventory

The usufructuary shall cause an inventory to be made of the property subject to the usufruct.  In the absence of an inventory the naked owner may prevent the usufructuary's entry into possession of the property.

The inventory shall be made in accordance with the rules established in Articles 3131 through 3137 of the Code of Civil Procedure.

Acts 1976, No. 103, §1.

Art. 571. Security

The usufructuary shall give security that he will use the property subject to the usufruct as a prudent administrator and that he will faithfully fulfill all the obligations imposed on him by law or by the act that established the usufruct unless security is dispensed with.  If security is required, the court may order that it be provided in accordance with law.

Acts 1976, No. 103, §1; Acts 2004, No. 158, §1.

Art. 572. Amount of security

The security shall be in the amount of the total value of the property subject to the usufruct.

The court may increase or reduce the amount of the security, on proper showing, but the amount shall not be less than the value of the movables subject to the usufruct.

Acts 1976, No. 103, §1.

Art. 573. Dispensation of security

A.  Security is dispensed with when any of the following occur:

(1)  A person has a legal usufruct under Article 223 or 3252.

(2)  A surviving spouse has a legal usufruct under Article 890 unless the naked owner is not a child of the usufructuary or if the naked owner is a child of the usufructuary and is also a forced heir of the decedent, the naked owner may obtain security but only to the extent of his legitime.

(3)  A parent has a legal usufruct under Article 891 unless the naked owner is not a child of the usufructuary.

(4)  A surviving spouse has a legal usufruct under Article 2434 unless the naked owner is a child of the decedent but not a child of the usufructuary.

B.  A seller or donor of property under reservation of usufruct is not required to give security.

Acts 1976, No. 103, §1; Acts 2004, No. 158, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 574. Delay in giving security

A delay in giving security does not deprive the usufructuary of the fruits derived from the property since the commencement of the usufruct.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 575. Failure to give security

If the usufructuary does not give security, the court may order that the property be delivered to an administrator appointed in accordance with Articles 3111 through 3113 of the Code of Civil Procedure for administration on behalf of the usufructuary.  The administration terminates if the usufructuary gives security.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 576. Standard of care

The usufructuary is answerable for losses resulting from his fraud, default, or neglect.

Acts 1976, No. 103, §1.

Art. 577. Liability for repairs

The usufructuary is responsible for ordinary maintenance and repairs for keeping the property subject to the usufruct in good order, whether the need for these repairs arises from accident or force majeure, the normal use of things, or his fault or neglect.

The naked owner is responsible for extraordinary repairs, unless they have become necessary as a result of the usufructuary's fault or neglect in which case the usufructuary is bound to make them at his cost.

Acts 1976, No. 103, §1.  Amended by Acts 1979, No. 157, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 578. Ordinary and extraordinary repairs

Extraordinary repairs are those for the reconstruction of the whole or of a substantial part of the property subject to the usufruct.  All others are ordinary repairs.

Acts 1976, No. 103, §1.

Art. 579. Rights of action for repairs

During the existence of the usufruct, the naked owner may compel the usufructuary to make the repairs for which the usufructuary is responsible.

The usufructuary may not compel the naked owner to make the extraordinary repairs for which the owner is responsible.  If the naked owner refuses to make them, the usufructuary may do so, and he shall be reimbursed without interest by the naked owner at the end of the usufruct.

Acts 1976, No. 103, §1.

Art. 580. Reimbursement for necessary repairs

If, after the usufruct commences and before the usufructuary is put in possession, the naked owner incurs necessary expenses or makes repairs for which the usufructuary is responsible, the naked owner has the right to claim the cost from the usufructuary and may retain the possession of the things subject to the usufruct until he is paid.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 581. Liability for necessary expenses

The usufructuary is answerable for all expenses that become necessary for the preservation and use of the property after the commencement of the usufruct.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 582. Abandonment of usufruct

The usufructuary may release himself from the obligation to make repairs by abandoning the usufruct or, with the approval of the court, a portion thereof, even if the owner has instituted suit to compel him to make repairs or bear the expenses of them, and even if the usufructuary has been cast in judgment.

He may not release himself from the charges of the enjoyment during the period of his possession, nor from accountability for the damages that he, or persons for whom he is responsible, may have caused.

Acts 1976, No. 103, §1.

Art. 583. Ruin from accident, force majeure, or age

Neither the usufructuary nor the naked owner is bound to restore property that has been totally destroyed through accident, force majeure, or age.

If the naked owner elects to restore the property or to make extraordinary repairs, he shall do so within a reasonable time and in the manner least inconvenient and onerous for the usufructuary.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 584. Periodic charges

The usufructuary is bound to pay the periodic charges, such as property taxes, that may be imposed, during his enjoyment of the usufruct.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 585. Extraordinary charges

The usufructuary is bound to pay the extraordinary charges that may be imposed, during the existence of the usufruct, on the property subject to it.  If these charges are of a nature to augment the value of the property subject to the usufruct, the naked owner shall reimburse the usufructuary at the end of the usufruct only for the capital expended.

Acts 1976, No. 103, §1.

Art. 586. Liability for debts;  usufruct inter vivos

When the usufruct is established inter vivos, the usufructuary is not liable for debts of the grantor, but if the debt is secured by an encumbrance of the thing subject to the usufruct, the thing may be sold for the payment of the debt.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 587. Liability for debts;  usufruct established mortis causa

 When the usufruct is established mortis causa, the usufructuary is not liable for estate debts, but the property subject to the usufruct may be sold for the payment of estate debts, in accordance with the rules provided for the payment of the debt of an estate in Book III of this Code.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 588. Discharge of debt on encumbered property;  usufruct established inter vivos

When property subject to a usufruct established inter vivos is encumbered to secure a debt before the commencement of the usufruct, the usufructuary may advance the funds needed to discharge the indebtedness.  If he does so, the naked owner shall reimburse the usufructuary, without interest, at the termination of the usufruct, for the principal of the debt the usufructuary has discharged, and for any interest the usufructuary has paid that had accrued on the debt before the commencement of the usufruct.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 589. Discharge of debt on encumbered property by mortis causa usufructuary

 If the usufructuary of a usufruct established mortis causa advances funds to discharge an estate debt charged to the property subject to the usufruct, the naked owner shall reimburse the usufructuary, without interest, at the termination of the usufruct, but only to the extent of the principal of the debt he has discharged and for any interest he has paid that had accrued on the debt before the commencement of the usufruct.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 590. Encumbered property;  discharge of debt on encumbered property by naked owner

If the usufructuary fails or refuses to advance the funds needed to discharge a debt secured by property subject to the usufruct, or an estate debt that is charged to the property subject to the usufruct, the naked owner may advance the funds needed.  If he does so, the naked owner may demand that the usufructuary pay him interest during the period of the usufruct.  If the naked owner does not advance the funds, he may demand that all or part of the property be sold as needed to discharge the debt.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 591. Continuation of usufruct after sale of property

If property subject to the usufruct is sold to pay an estate debt, or a debt of the grantor, the usufruct attaches to any proceeds of the sale of the property that remain after payment of the debt.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 592. Multiple usufructuaries;  contribution to payment of estate debts

If there is more than one usufructuary of the same property, each contributes to the payment of estate debts that are charged to the property in proportion to his enjoyment of the property.  If one or more of the usufructuaries fails to advance his share, those of them who advance the funds shall have the right to recover the funds they advance from those who do not advance their shares.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 593. Discharge of legacy of annuity

Unless there is a governing testamentary disposition, the legacy of an annuity that is chargeable to property subject to a usufruct is payable first from the fruits and products of the property subject to the usufruct and then from the property itself.

Acts 1976, No. 103, §1; Acts 1990, No. 706, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 594. Court costs;  expenses of litigation

Court costs in actions concerning the property subject to the usufruct are taxed in accordance with the rules of the Code of Civil Procedure.  Expenses of litigation other than court costs are apportioned between usufructuaries and naked owners in accordance with the following Articles.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 595. Expenses of litigation;  legal usufruct

Parents who have a legal usufruct of the property of their children are bound for expenses of litigation concerning that property, in the same manner as if they were owners of it; but reimbursement may be ordered by the court at the termination of the usufruct in cases in which inequity might otherwise result.

Acts 1976, No. 103, §1.

Art. 596. Expenses of litigation;  conventional usufruct

Conventional usufructuaries are bound for expenses of litigation with third persons concerning the enjoyment of the property.  Expenses of litigation with third persons concerning both the enjoyment and the ownership are divided equitably between the usufructuary and the naked owner.  Expenses of litigation between the usufructuary and the naked owner are borne by the person who has incurred them.

Acts 1976, No. 103, §1.

Art. 597. Liability of the usufructuary for servitudes

The usufructuary who loses a predial servitude by nonuse or who permits a servitude to be acquired on the property by prescription is responsible to the naked owner.

Acts 1976, No. 103, §1.

Art. 598. Duty to give information to owner

If, during the existence of the usufruct, a third person encroaches on the immovable property or violates in any other way the rights of the naked owner, the usufructuary must inform the naked owner.  When he fails to do so, he shall be answerable for the damages that the naked owner may suffer.

Acts 1976, No. 103, §1.

Art. 599. Usufruct of a herd of animals

When the usufruct includes a herd of animals, the usufructuary is bound to use it as a prudent administrator and, from the increase of the herd, replace animals that die.  If the entire herd perishes without the fault of the usufructuary, the loss is borne by the naked owner.

Acts 1976, No. 103, §1.

Art. 600. Disposition of animals

The usufructuary may dispose of individual animals of the herd, subject to the obligation to deliver to the naked owner at the end of the usufruct the value that the animals had at the time of disposition.

The usufructuary may also dispose of the herd or of a substantial part thereof, provided that he acts as a prudent administrator.  In such a case, the proceeds are subject to the provisions of Article 618.

Acts 1976, No. 103, §1.

Art. 601. Removal of improvements

The usufructuary may remove all improvements he has made, subject to the obligation of restoring the property to its former condition.  He may not claim reimbursement from the owner for improvements that he does not remove or that cannot be removed.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 602. Set off against damages

The usufructuary may set off against damages due to the owner for the destruction or deterioration of the property subject to the usufruct the value of improvements that cannot be removed, provided they were made in accordance with Article 558.

Acts 1976, No. 103, §1.

Section 4. Rights and Obligations of the Naked Owner

Art. 603. Disposition of the naked ownership;  alienation or encumbrance of the property.

The naked owner may dispose of the naked ownership, but he cannot thereby affect the usufruct.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 604. Servitudes

The naked owner may establish real rights on the property subject to the usufruct, provided that they may be exercised without impairing the usufructuary's rights.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 605. Toleration of the enjoyment

The naked owner must not interfere with the rights of the usufructuary.

Acts 1976, No. 103, §1.

Art. 606. Improvements

The naked owner may not make alterations or improvements on the property subject to the usufruct.

Acts 1976, No. 103, §1.

Section 5. Termination of Usufruct

Art. 607. Death of the usufructuary

The right of usufruct expires upon the death of the usufructuary.

Acts 1976, No. 103, §1.

Art. 608. Dissolution of juridical person;  thirty year limitation

A usufruct established in favor of a juridical person terminates if the juridical person is dissolved or liquidated, but not if the juridical person is converted, merged or consolidated into a successor juridical person.  In any event, a usufruct in favor of a juridical person shall terminate upon the lapse of thirty years from the date of the commencement of the usufruct.  This Article shall not apply to a juridical person in its capacity as the trustee of a trust.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 609. Termination of legacy of revenues

A legacy of revenues from specified property is a kind of usufruct and terminates upon death of the legatee unless a shorter period has been expressly stipulated.

Acts 1976, No. 103, §1.

Art. 610. Usufruct for a term or under condition

A usufruct established for a term or subject to a condition terminates upon the expiration of the term or the happening of the condition.

Acts 1976, No. 103, §1.

Art. 611. Term;  transfer of usufruct to another person

When the usufructuary is charged to restore or transfer the usufruct to another person, his right terminates when the time for restitution or delivery arrives.

Acts 1976, No. 103, §1.

Art. 612. Term;  third person reaching a certain age

A usufruct granted until a third person reaches a certain age is a usufruct for a term.  If the third person dies, the usufruct continues until the date the deceased would have reached the designated age.

Acts 1976, No. 103, §1.

Art. 613. Loss, extinction, or destruction of property

The usufruct of nonconsumables terminates by the permanent and total loss, extinction, or destruction through accident, force majeure or decay of the property subject to the usufruct.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 614. Fault of a third person

When any loss, extinction, or destruction of property subject to usufruct is attributable to the fault of a third person, the usufruct does not terminate but attaches to any claim for damages and the proceeds therefrom.

Acts 1976, No. 103, §1.

Art. 615. Change of the form of property

When property subject to usufruct changes form without an act of the usufructuary, the usufruct does not terminate even though the property may no longer serve the use for which it was originally destined.

When property subject to usufruct is converted into money or other property without an act of the usufructuary, as in a case of expropriation of an immovable or liquidation of a corporation, the usufruct terminates as to the property converted and attaches to the money or other property received by the usufructuary.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 616. Sale or exchange of the property;  taxes

When property subject to usufruct is sold or exchanged, whether in an action for partition or by agreement between the usufructuary and the naked owner or by a usufructuary who has the power to dispose of nonconsumable property, the usufruct terminates as to the nonconsumable property sold or exchanged, but as provided in Article 568.1, the usufruct attaches to the money or other property received by the usufructuary, unless the parties agree otherwise.  Any tax or expense incurred as the result of the sale or exchange of property subject to usufruct shall be paid from the proceeds of the sale or exchange, and shall be deducted from the amount due by the usufructuary to the naked owner at the termination of the usufruct.

Acts 1983, No. 525, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.

Art. 617. Proceeds of insurance