SERVITUDES

SERVITUDES

DEFINITION: A servitude is a charge or burden upon a thing, usually an immovable(real estate), for the benefit of another person or another estate.  Black’s Law Dictionary, 6th edition (1990).  It is closely related to the common law concept of easement.

Kinds of servitudes
Servitudes are either personal or predial.  La. C.C. art 533.  A personal servitude is a charge on a thing for the benefit of a particular person and terminates with his life.  La. C.C. arts. 534,734, Cf., La. C.C. art 607.  A predial servitude is a charge on a thing for the benefit of the owner of another thing.  La. C.C. arts 646,733.  A predial servitude does not terminate with the death of the owner of the thing in whose favor the servitude runs, but extends to any owner, whether the original or a successor.

Art. 533.  Kinds of Servitudes
There are two kinds of servitudes: personal servitudes and predial servitudes.

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.

Art. 646. Predial servitudes definition.
A predial servitude is a charge on a servient estate for the benefit of a dominant estate.

The two estates must belong to different owners.

Art. 733. Interpretation: benefit of dominant estate.
When the right granted be of a nature to confer an advantage on an estate, it is presumed to be a predial servitude.

Act. 734. Interpretation: convenience of a person.
When the right granted is merely for the convenience of a person, it is not considered to be a predial servitude, unless it is acquired by a person as owner of an estate for himself, his heirs and assigns.

 

Matrimonial Regimes in Louisiana

This is also called the Legal Regime: The Community of Acquets and Gains.   The legal regime applies to spouses domiciled in this state regardless of their original matrimonial domicile or whether the marriage was contracted in Louisiana.   For the purposes of this law, the following applies to Community Property.

Property that comprises the community of acquets and gains is referred to as “community property”  This is covered under Civil Code (CC) article 2338.  Community property is

a) Property acquired during the legal regime
b)  generally, property acquired with community things, or acquired with community and separate things.
c)  property donated to the spouses jointly
d)  natural and civil fruits of community property
e)  damages awarded for loss or injury to community things
f) all other property not classified as separate property.

Aside from a duly executed and legal Prenuptial Agreement, these tenants and laws apply.  For more details, call Joe’s Notaries at (985) 870-8896 or Email us at jwestjr@gmail.com.