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Civil Code

Book II. Things and the Different Modifications of Ownership

Title V. Building Restrictions

Art. 775. Building restrictions

Building restrictions are charges imposed by the owner of an immovable in pursuance of a general plan governing building standards, specified uses, and improvements.  The plan must be feasible and capable of being preserved.

Acts 1977, No. 170, §1.

Art. 776. Establishment

Building restrictions may be established only by juridical act executed by the owner of an immovable or by all the owners of the affected immovables.  Once established, building restrictions may be amended or terminated as provided in this Title.

Acts 1977, No. 170, §1; Acts 1999, No. 309, §1, eff. June 16, 1999.

Art. 777. Nature and regulation

Building restrictions are incorporeal immovables and real rights likened to predial servitudes.  They are regulated by application of the rules governing predial servitudes to the extent that their application is compatible with the nature of building restrictions.

Acts 1977, No. 170, §1.

Art. 778. Affirmative duties

Building restrictions may impose on owners of immovables affirmative duties that are reasonable and necessary for the maintenance of the general plan.  Building restrictions may not impose upon the owner of an immovable or his successors the obligation to pay a fee or other charge on the occasion of an alienation, lease or encumbrance of the immovable.

Acts 1977, No. 170, §1; Acts 2010, No. 938, §2, eff. July 2, 2010.

Art. 779. Injunctive relief

Building restrictions may be enforced by mandatory and prohibitory injunctions without regard to the limitations of Article 3601 of the Code of Civil Procedure.

Acts 1977, No. 170, §1.

Art. 780. Amendment and termination of building restrictions

Building restrictions may be amended, whether such amendment lessens or increases a restriction, or may terminate or be terminated, as provided in the act that establishes them.  In the absence of such provision, building restrictions may be amended or terminated for the whole or a part of the restricted area by agreement of owners representing more than one-half of the land area affected by the restrictions, excluding streets and street rights-of-way, if the restrictions have been in effect for at least fifteen years, or by agreement of both owners representing two-thirds of the land area affected and two-thirds of the owners of the land affected by the restrictions, excluding streets and street rights-of-way, if the restrictions have been in effect for more than ten years.

Acts 1977, No. 170, §1.  Amended by Acts 1980, No. 310, §1.  Acts 1983, No. 129, §1; Acts 1999, No. 309, §1, eff. June 16, 1999.

Art. 781. Termination;  liberative prescription

No action for injunction or for damages on account of the violation of a building restriction may be brought after two years from the commencement of a noticeable violation.  After the lapse of this period, the immovable on which the violation occurred is freed of the restriction that has been violated.

Acts 1977, No.170, §1.

Art. 782. Abandonment of plan or of restriction

Building restrictions terminate by abandonment of the whole plan or by a general abandonment of a particular restriction.  When the entire plan is abandoned the affected area is freed of all restrictions; when a particular restriction is abandoned, the affected area is freed of that restriction only.

Acts 1977, No. 170, §1.

Art. 783. Matters of interpretation and application

Doubt as to the existence, validity, or extent of building restrictions is resolved in favor of the unrestricted use of the immovable.  The provisions of the Louisiana Condominium Act, the Louisiana Timesharing Act, and the Louisiana Homeowners Association Act shall supersede any and all provisions of this Title in the event of a conflict.

Acts 1977, No. 170, §1; Acts 1999, No. 309, §1, eff. June 16, 1999.

Title VI. Boundaries

Chapter 1. General Principles

Art. 784. Boundary;  marker

A boundary is the line of separation between contiguous lands.  A boundary marker is a natural or artificial object that marks on the ground the line of separation of contiguous lands.

Acts 1977, No. 169, §1.

Art. 785. Fixing of the boundary

The fixing of the boundary may involve determination of the line of separation between contiguous lands, if it is uncertain or disputed; it may also involve the placement of markers on the ground, if markers were never placed, were wrongly placed, or are no longer to be seen.

The boundary is fixed in accordance with the following rules.

Acts 1977, No. 169, §1.

Art. 786. Persons who may compel fixing of boundary

The boundary may be fixed upon the demand of an owner or of one who possesses as owner.  It may also be fixed upon the demand of a usufructuary but it is not binding upon the naked owner unless he has been made a party to the proceeding.

Acts 1977, No. 169, §1.

Art. 787. Lessee may compel lessor

When necessary to protect his interest, a lessee may compel the lessor to fix the boundary of the land subject to the lease.

Acts 1977, No. 169, §1.

Art. 788. Imprescriptibility of the right

The right to compel the fixing of the boundary between contiguous lands is imprescriptible.

Acts 1977, No. 169, §1.

Art. 789. Fixing of boundary judicially or extrajudicially

The boundary may be fixed judicially or extrajudicially.  It is fixed extrajudicially when the parties, by written agreement, determine the line of separation between their lands with or without reference to markers on the ground.

Acts 1977, No. 169, §1.

Art. 790. Costs

When the boundary is fixed extrajudicially costs are divided equally between the adjoining owners in the absence of contrary agreement.  When the boundary is fixed judicially court costs are taxed in accordance with the rules of the Code of Civil Procedure.  Expenses of litigation not taxed as court costs are borne by the person who has incurred them.

Acts 1977, No. 169, §1.

Art. 791. Liability for unauthorized removal of markers

When the boundary has been marked judicially or extrajudicially, one who removes boundary markers without court authority is liable for damages.  He may also be compelled to restore the markers to their previous location.

Acts 1977, No. 169, §1.

Chapter 2. Effect of Titles, Prescription, or Possession

Art. 792. Fixing of boundary according to ownership or possession

The court shall fix the boundary according to the ownership of the parties; if neither party proves ownership, the boundary shall be fixed according to limits established by possession.

Acts 1977, No. 169, §1.

Art. 793. Determination of ownership according to titles

When both parties rely on titles only, the boundary shall be fixed according to titles.  When the parties trace their titles to a common author preference shall be given to the more ancient title.

Acts 1977, No. 169, §1.

Art. 794. Determination of ownership according to prescription

When a party proves acquisitive prescription, the boundary shall be fixed according to limits established by prescription rather than titles.  If a party and his ancestors in title possessed for thirty years without interruption, within visible bounds, more land than their title called for, the boundary shall be fixed along these bounds.

Acts 1977, No. 169, §1.

Art. 795. Effect of boundary agreement

When the boundary is fixed extrajudicially, the agreement of the parties has the effect of a compromise.

Acts 1977, No. 169, §1.

Art. 796. Error in the location of markers;  rectification

When visible markers have been erroneously placed by one of the contiguous owners alone, or not in accordance with a written agreement fixing the boundary, the error may be rectified by the court unless a contiguous owner has acquired ownership up to the visible bounds by thirty years possession.

Acts 1977, No. 169, §1.

Title VII. Ownership in Indivision

Art. 797. Ownership in indivision;  definition

Ownership of the same thing by two or more persons is ownership in indivision.  In the absence of other provisions of law or juridical act, the shares of all co-owners are presumed to be equal.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.

Art. 798. Right to fruits and products

Co-owners share the fruits and products of the thing held in indivision in proportion to their ownership.

When fruits or products are produced by a co-owner, other co-owners are entitled to their shares of the fruits or products after deduction of the costs of production.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.

Art. 799. Liability of a co-owner

A co-owner is liable to his co-owner for any damage to the thing held in indivision caused by his fault.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.

Art. 800. Preservation of the thing

A co-owner may without the concurrence of any other co-owner take necessary steps for the preservation of the thing that is held in indivision.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.

Art. 801. Use and management by agreement

The use and management of the thing held in indivision is determined by agreement of all the co-owners.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.

Art. 802. Right to use the thing

Except as otherwise provided in Article 801, a co-owner is entitled to use the thing held in indivision according to its destination, but he cannot prevent another co-owner from making such use of it.  As against third persons, a co-owner has the right to use and enjoy the thing as if he were the sole owner.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.

Art. 803. Use and management of the thing in the absence of agreement

When the mode of use and management of the thing held in indivision is not determined by an agreement of all the co-owners and partition is not available, a court, upon petition by a co-owner, may determine the use and management.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.

Art. 804. Substantial alterations or improvements

Substantial alterations or substantial improvements to the thing held in indivision may be undertaken only with the consent of all the co-owners.

When a co-owner makes substantial alterations or substantial improvements consistent with the use of the property, though without the express or implied consent of his co-owners, the rights of the parties shall be determined by Article 496.  When a co-owner makes substantial alterations or substantial improvements inconsistent with the use of the property or in spite of the objections of his co-owners, the rights of the parties shall be determined by Article 497.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.

Art. 805. Disposition of undivided share

A co-owner may freely lease, alienate, or encumber his share of the thing held in indivision.  The consent of all the co-owners is required for the lease, alienation, or encumbrance of the entire thing held in indivision.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.

Art. 806. Expenses of maintenance and management

A co-owner who on account of the thing held in indivision has incurred necessary expenses, expenses for ordinary maintenance and repairs, or necessary management expenses paid to a third person, is entitled to reimbursement from the other co-owners in proportion to their shares.

If the co-owner who incurred the expenses had the enjoyment of the thing held in indivision, his reimbursement shall be reduced in proportion to the value of the enjoyment.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.

Art. 807. Right to partition;  exclusion by agreement

No one may be compelled to hold a thing in indivision with another unless the contrary has been provided by law or juridical act.

Any co-owner has a right to demand partition of a thing held in indivision.  Partition may be excluded by agreement for up to fifteen years, or for such other period as provided in R.S. 9:1702 or other specific law.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991; Acts 1991, No. 349, §1.

Art. 808. Partition excluded

Partition of a thing held in indivision is excluded when its use is indispensable for the enjoyment of another thing owned by one or more of the co-owners.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.

Art. 809. Judicial and extrajudicial partition

The mode of partition may be determined by agreement of all the co-owners.  In the absence of such an agreement, a co-owner may demand judicial partition.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.

Art. 810. Partition in kind

The court shall decree partition in kind when the thing held in indivision is susceptible to division into as many lots of nearly equal value as there are shares and the aggregate value of all lots is not significantly lower than the value of the property in the state of indivision.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.

Art. 811. Partition by licitation or by private sale

When the thing held in indivision is not susceptible to partition in kind, the court shall decree a partition by licitation or by private sale and the proceeds shall be distributed to the co-owners in proportion to their shares.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.

Art. 812. Effect of partition on real rights

When a thing held in indivision is partitioned in kind or by licitation, a real right burdening the thing is not affected.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.

Art. 813. Partition in kind

When a thing is partitioned in kind, a real right that burdens the share of a co-owner attaches to the part of the thing allotted to him.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.

Art. 814. Rescission of partition for lesion

An extrajudicial partition may be rescinded on account of lesion if the value of the part received by a co-owner is less by more than one-fourth of the fair market value of the portion he should have received.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.

Art. 815. Partition by licitation

When a thing is partitioned by licitation, a mortgage, lien, or privilege that burdens the share of a co-owner attaches to his share of the proceeds of the sale.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.

Art. 816. Partition in kind;  warranty

When a thing is partitioned in kind, each co-owner incurs the warranty of a vendor toward his co-owners to the extent of his share.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.

Art. 817. Imprescriptibility of action

The action for partition is imprescriptible.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.

Art. 818. Other rights held in indivision

The provisions governing co-ownership apply to other rights held in indivision to the extent compatible with the nature of those rights.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.