What Do The Following Terms Mean?

WHAT DO THE FOLLOWING TERMS MEAN?

Forced Heir – This would be a descendant of the first degree, that would be the daughter or son of a mother or father, who at the time decedent dies, has not attained 24 years of age, or are 23 and under.  Also, a forced heir can be someone older than 23 who because of mental incapacity or physical infirmity is permanently incapable of taking care of his/her person or to administer his/her estate at the parent’s death.

Accessory contract – A contract is accessory when it is made to provide security for the performance of an obligation.  Suretyship, mortgage, pledge, and other types of security agreements are examples of accessory contracts.  (Louisiana Civil Code art. 1913)

Acquisitive Prescription – A mode of acquiring ownership of other real rights by uninterrupted possession for a period of time.  (Real refers to real estate)  Uninterrupted means without ceasing, without a break

Affiant – One who makes an affidavit.

Alienate – To transfer property or a right to the ownership of another, especially by an act of the owner rather than by inheritance.

Authentic Act – A writing executed before a notary public or other officer authorized to perform that function, in the presence of two witnesses, and signed by each party who executed it, by each witness, and by each notary public before whom it was executed.

Bequest – A disposition of property made by a testator. (Someone that makes a WILL)

Capacity – A legal qualification, including age and other factors.  Parties, unless emancipated, must be 18 years of age to contract. Witnesses to most instrument must be at least 14. Witnesses to most instruments must be 16.
Chattel – In general, used to designate movable property, as in the case of a “chattel mortgage”, which is a mortgage of a movable property.  Movable property is any property that is not permanently located and is movable.


Bond for Deed

BOND FOR DEED

What Is a Bond For Deed?  A contract to sell real property, or a Movable like a car or truck, where the purchase price is paid to the vendor in installments, and the title remains in the name of the vendor until the purchase price is paid in full.  

In a recent transaction, I will use two clients, whom I will call John and Theodore.  (Not their real names, by the way). So John has a Ford truck, valued at $8,000, and Theodore wants to purchase it, but does not have $8,000 lying around in his bank account.  So John used a BOND FOR DEED, to sell it to Theodore.  

They came to an agreement that Theodore could spend $343.33 per month, to pay John for 24 months, beginning the 1st of July, 2019, and Theodore would continue to pay John each month without fail until the last payment was made.  To make it come out correctly, the final payment would have to be $343.41, since John was charging 1.5% interest on this, to finance for 24 months, or two years.

Just in case anything would happen to the truck during those 24 months, John requires an insurance policy to be carried on the truck, in his name, since the title would remain in John’s name until the truck is paid.  The payments will be considered rental payments until the last payment is made, upon which John agrees to transfer the title over to Theodore using any Notary of Theodore’s choice, at Theodore’s expense.  

If Theodore  defaults on any payments, John will have 45 days to notify Theodore by registered or certified mail.  In any event, if Theodore can not, or will not make the defaulted payments good, then John will have the right to cancel the contract by giving Theodore written notice, and Theodore would be required to peacefully return the vehicle to John.

If Theodore cancels the contract, then Theodore will need to pay John the fair rental amount due for the period of time it is used, minus any payments already made, of course.  

This arrangement, or agreement works equally well for Immovable, or Real Property.

* If this situation fits with something you want to do, it may work for you as well.  If you are not certain, you may need to seek the advice and/or services of one of the many excellent attorneys in Louisiana.

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.