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2023 Louisiana Laws › Civil Code › Art. 667. Limitations on use of property

Art. 667. Limitations on use of property
Although a proprietor may do with his estate whatever he pleases, still he cannot make any work on it, which may deprive his neighbor of the liberty of enjoying his own, or which may be the cause of any damage to him. However, if the work he makes on his estate deprives his neighbor of enjoyment or causes damage to him, he is answerable for damages only upon a showing that he knew or, in the exercise of reasonable care, should have known that his works would cause damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise such reasonable care. Nothing in this Article shall preclude the court from the application of the doctrine of res ipsa loquitur in an appropriate case. Nonetheless, the proprietor is answerable for damages without regard to his knowledge or his exercise of reasonable care, if the damage is caused by an ultrahazardous activity. An ultrahazardous activity as used in this Article is strictly limited to pile driving or blasting with explosives.
Acts 1996, 1st Ex. Sess., No. 1, §1, eff. April 16, 1996.
2023 Louisiana Laws › Civil Code › Art. 668. Inconvenience to neighbor.

Art. 668. Inconvenience to neighbor.
Although one be not at liberty to make any work by which his neighbor's buildings may be damaged, yet every one has the liberty of doing on his own ground whatsoever he pleases, although it should occasion some inconvenience to his neighbor.
Thus he who is not subject to any servitude originating from a particular agreement in that respect, may raise his house as high as he pleases, although by such elevation he should darken the lights of his neighbors's [neighbor's] house, because this act occasions only an inconvenience, but not a real damage.
2023 Louisiana Laws › Civil Code › Art. 669. Regulation of inconvenience.

Art. 669. Regulation of inconvenience.
If the works or materials for any manufactory or other operation, cause an inconvenience to those in the same or in the neighboring houses, by diffusing smoke or nauseous smell, and there be no servitude established by which they are regulated, their sufferance must be determined by the rules of the police, or the customs of the place.*
* The English text of CC 1808 is a more complete and preferable translation of the French text than the present English text.
2023 Louisiana Laws › Civil Code › Art. 670. Encroaching building.

Art. 670. Encroaching building.
When a landowner constructs in good faith a building that encroaches on an adjacent estate and the owner of that estate does not complain within a reasonable time after he knew or should have known of the encroachment, or in any event complains only after the construction is substantially completed the court may allow the building to remain. The owner of the building acquires a predial servitude on the land occupied by the building upon payment of compensation for the value of the servitude taken and for any other damage that the neighbor has suffered.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 671. Destruction of private property to arrest fire.

Art. 671. Destruction of private property to arrest fire.
Governing bodies of parishes and municipalities are authorized to adopt regulations determining the mode of proceeding to prevent the spread of fire by the destruction of buildings.
When private property is so destroyed in order to combat a conflagration, the owner shall be indemnified by the political subdivision for his actual loss.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 673. Common wall servitude.

SECTION 2--COMMON ENCLOSURES
Art. 673. Common wall servitude.
A landowner who builds first may rest one-half of a partition wall on the land of his neighbor, provided that he uses solid masonry at least as high as the first story and that the width of the wall does not exceed eighteen inches, not including the plastering which may not be more than three inches in thickness.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 674. Contribution by neighbor.

Art. 674. Contribution by neighbor.
The wall thus raised becomes common if the neighbor is willing to contribute one-half of its cost. If the neighbor refuses to contribute, he preserves the right to make the wall common in whole or in part, at any time, by paying to the owner one-half of the current value of the wall, or of the part that he wishes to make common.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 676. Adjoining wall.

Art. 676. Adjoining wall.
When a solid masonry wall adjoins another estate, the neighbor has a right to make it a common wall, in whole or in part, by paying to its owner one-half of the current value of the wall, or of the part that he wishes to make common, and one-half of the value of the soil on which the wall is built.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 685. Common fences.

Art. 685. Common fences.
A fence on a boundary is presumed to be common unless there is proof to the contrary.
When adjoining lands are enclosed, a landowner may compel his neighbors to contribute to the expense of making and repairing common fences by which the respective lands are separated.
When adjoining lands are not enclosed, a landowner may compel his neighbors to contribute to the expense of making and repairing common fences only as prescribed by local ordinances.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 687. Trees, bushes, and plants on the boundary.

Art. 687. Trees, bushes, and plants on the boundary.
Trees, bushes, and plants on the boundary are presumed to be common unless there be proof to the contrary.
An adjoining owner has the right to demand the removal of trees, bushes, or plants on the boundary that interfere with the enjoyment of his estate, but he must bear the expense of removal.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 688. Branches or roots of trees, bushes, or plants on neighboring property.

Art. 688. Branches or roots of trees, bushes, or plants on neighboring property.
A landowner has the right to demand that the branches or roots of a neighbor's trees, bushes, or plants, that extend over or into his property be trimmed at the expense of the neighbor.
A landowner does not have this right if the roots or branches do not interfere with the enjoyment of his property.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 689. Enclosed estate; right of passage

SECTION 3--RIGHT OF PASSAGE
Art. 689. Enclosed estate; right of passage
The owner of an estate that has no access to a public road or utility may claim a right of passage over neighboring property to the nearest public road or utility. He is bound to compensate his neighbor for the right of passage acquired and to indemnify his neighbor for the damage he may occasion.
New or additional maintenance burdens imposed upon the servient estate or intervening lands resulting from the utility servitude shall be the responsibility of the owner of the dominant estate.
Acts 1977, No. 514, §1; Acts 2012, No. 739, §1.
2023 Louisiana Laws › Civil Code › Art. 691. Constructions

Art. 691. Constructions
The owner of the enclosed estate may construct on the right-of-way the type of road, utility, or railroad reasonably necessary for the exercise of the servitude.
The utility crossing shall be constructed in compliance with all appropriate and applicable federal and state standards so as to mitigate all hazards posed by the passage and the particular conditions of the servient estate and intervening lands.
Acts 1977, No. 514, §1; Acts 2012, No. 739, §1.
2023 Louisiana Laws › Civil Code › Art. 692. Location of passage

Art. 692. Location of passage
The owner of the enclosed estate may not demand the right of passage or the right-of-way for the utility anywhere he chooses. The passage generally shall be taken along the shortest route from the enclosed estate to the public road or utility at the location least injurious to the intervening lands.
The location of the utility right-of-way shall coincide with the location of the servitude of passage unless an alternate location providing access to the nearest utility is least injurious to the servient estate and intervening lands.
The court shall evaluate and determine that the location of the servitude of passage or utility shall not affect the safety of the operations or significantly interfere with the operations of the owner of the servient estate or intervening lands prior to the granting of the servitude of passage or utility.
Acts 1977, No. 514, §1; Acts 2012, No. 739, §1.
2023 Louisiana Laws › Civil Code › Art. 694. Enclosed estate; voluntary alienation or partition

Art. 694. Enclosed estate; voluntary alienation or partition
When in the case of partition, or a voluntary alienation of an estate or of a part thereof, property alienated or partitioned becomes enclosed, passage shall be furnished gratuitously by the owner of the land on which the passage was previously exercised, even if it is not the shortest route to the public road or utility, and even if the act of alienation or partition does not mention a servitude of passage.
Acts 1977, No. 514, §1; Acts 2012, No. 739, §1.
2023 Louisiana Laws › Civil Code › Art. 695. Relocation of servitude.

Art. 695. Relocation of servitude.
The owner of the enclosed estate has no right to the relocation of this servitude after it is fixed. The owner of the servient estate has the right to demand relocation of the servitude to a more convenient place at his own expense, provided that it affords the same facility to the owner of the enclosed estate.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 697. Right to establish predial servitudes; limitations.

CHAPTER 4--CONVENTIONAL OR VOLUNTARY SERVITUDES
SECTION 1--KINDS OF CONVENTIONAL SERVITUDES
Art. 697. Right to establish predial servitudes; limitations.
Predial servitudes may be established by an owner on his estate or acquired for its benefit.
The use and extent of such servitudes are regulated by the title by which they are created, and, in the absence of such regulation, by the following rules.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 699. Examples of predial servitudes.

Art. 699. Examples of predial servitudes.
The following are examples of predial servitudes:
Rights of support, projection, drip, drain, or of preventing drain, those of view, of light, or of preventing view or light from being obstructed, of raising buildings or walls, or of preventing them from being raised, of passage, of drawing water, of aqueduct, of watering animals, and of pasturage.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 700. Servitude of support.

Art. 700. Servitude of support.
The servitude of support is the right by which buildings or other constructions of the dominant estate are permitted to rest on a wall of the servient estate.
Unless the title provides otherwise, the owner of the servient estate is bound to keep the wall fit for the exercise of the servitude, but he may be relieved of this charge by abandoning the wall.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 705. Servitude of passage

Art. 705. Servitude of passage
The servitude of passage is the right for the benefit of the dominant estate whereby persons, animals, utilities, or vehicles are permitted to pass through the servient estate. Unless the title provides otherwise, the extent of the right and the mode of its exercise shall be suitable for the kind of traffic or utility necessary for the reasonable use of the dominant estate.
Acts 1977, No. 514, §1; Acts 2012, No. 739, §1.
2023 Louisiana Laws › Civil Code › Art. 706. Servitudes; affirmative or negative.

Art. 706. Servitudes; affirmative or negative.
Predial servitudes are either affirmative or negative.
Affirmative servitudes are those that give the right to the owner of the dominant estate to do a certain thing on the servient estate. Such are the servitudes of right of way, drain, and support.
Negative servitudes are those that impose on the owner of the servient estate the duty to abstain from doing something on his estate. Such are the servitudes of prohibition of building and of the use of an estate as a commercial or industrial establishment.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 707. Servitudes; apparent or nonapparent.

Art. 707. Servitudes; apparent or nonapparent.
Predial servitudes are either apparent or nonapparent. Apparent servitudes are those that are perceivable by exterior signs, works, or constructions; such as a roadway, a window in a common wall, or an aqueduct.
Nonapparent servitudes are those that have no exterior sign of their existence; such as the prohibition of building on an estate or of building above a particular height.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 708. Establishment of predial servitude.

SECTION 2--ESTABLISHMENT OF PREDIAL SERVITUDES
BY TITLE
Art. 708. Establishment of predial servitude.
The establishment of a predial servitude by title is an alienation of a part of the property to which the laws governing alienation of immovables apply.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 710. Naked owner.

Art. 710. Naked owner.
The naked owner may establish a predial servitude that does not infringe on the rights of the usufructuary or that is to take effect at the termination of the usufruct. The consent of the usufructuary is required for the establishment of any other predial servitude.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 714. Co-owner; servitude on entire estate.

Art. 714. Co-owner; servitude on entire estate.
A predial servitude on an estate owned in indivision may be established only with the consent of all the co-owners.
When a co-owner purports to establish a servitude on the entire estate, the contract is not null; but, its execution is suspended until the consent of all co-owners is obtained.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 715. Exercise of the servitude.

Art. 715. Exercise of the servitude.
A co-owner who has consented to the establishment of a predial servitude on the entire estate owned in indivision may not prevent its exercise on the ground that the consent of his co-owner has not been obtained.
If he becomes owner of the whole estate by any means which terminates the indivision, the predial servitude to which he has consented burdens his property.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 716. Servitude on undivided part.

Art. 716. Servitude on undivided part.
When a co-owner has consented to the establishment of a predial servitude on his undivided part only, the consent of the other co-owners is not required, but the exercise of the servitude is suspended until his divided part is determined at the termination of the state of indivision.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 718. Partition by licitation.

Art. 718. Partition by licitation.
If the estate is partitioned by licitation and the co-owner who consented to the establishment of the predial servitude acquires the ownership of the whole, the servitude burdens the entire estate as if the co-owner had always been sole owner. If the entire estate is adjudicated to any other person the right granted by the co-owner is extinguished.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 719. Successor of the co-owner.

Art. 719. Successor of the co-owner.
Except as provided in Article 718, the successor of the co-owner who has consented to the establishment of a predial servitude, whether on the entire estate owned in indivision or on his undivided part only, occupies the same position as his ancestor. If he becomes owner of a divided part of the estate the servitude burdens that part, and if he becomes owner of the whole the servitude burdens the entire estate.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 721. Servitude on mortgaged property.

Art. 721. Servitude on mortgaged property.
A predial servitude may be established on mortgaged property. If the servitude diminishes the value of the estate to the substantial detriment of the mortgagee, he may demand immediate payment of the debt.
If there is a sale for the enforcement of the mortgage the property is sold free of all servitudes established after the mortgage. In such a case, the acquirer of the servitude has an action for the restitution of its value against the owner who established it.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 726. Servitude on after-acquired property.

Art. 726. Servitude on after-acquired property.
Parties may agree to establish a predial servitude on, or for the benefit of, an estate of which one is not then the owner. If the ownership is acquired, the servitude is established.
Parties may agree that a building not yet built will be subjected to a servitude or that it will have the benefit of a servitude when it is built.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 735. Persons acquiring servitude.

SECTION 3--ACQUISITION OF CONVENTIONAL SERVITUDES
FOR THE DOMINANT ESTATE
Art. 735. Persons acquiring servitude.
A predial servitude may be acquired for the benefit of the dominant estate by the owner of that estate or by any other person acting in his name or in his behalf.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 737. Renunciation of servitude by owner of dominant estate.

Art. 737. Renunciation of servitude by owner of dominant estate.
The owner of the dominant estate may renounce the contract by which a predial servitude was acquired for the benefit of his estate, if he finds the contract onerous, and if the contract was made without his authority or while he was incompetent.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 741. Destination of the owner.

Art. 741. Destination of the owner.
Destination of the owner is a relationship established between two estates owned by the same owner that would be a predial servitude if the estates belonged to different owners.
When the two estates cease to belong to the same owner, unless there is express provision to the contrary, an apparent servitude comes into existence of right and a nonapparent servitude comes into existence if the owner has previously filed for registry in the conveyance records of the parish in which the immovable is located a formal declaration establishing the destination.
Acts 1977, No. 514, §1. Amended by Acts 1978, No. 479, §1.
2023 Louisiana Laws › Civil Code › Art. 742. Acquisitive prescription.

Art. 742. Acquisitive prescription.
The laws governing acquisitive prescription of immovable property apply to apparent servitudes. An apparent servitude may be acquired by peaceable and uninterrupted possession of the right for ten years in good faith and by just title; it may also be acquired by uninterrupted possession for thirty years without title or good faith.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 745. Right to enter into the servient estate.

Art. 745. Right to enter into the servient estate.
The owner of the dominant estate has the right to enter with his workmen and equipment into the part of the servient estate that is needed for the construction or repair of works required for the use and preservation of the servitude. He may deposit materials to be used for the works and the debris that may result, under the obligation of causing the least possible damage and of removing them as soon as possible.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 746. Exoneration from responsibility by abandonment of the servient estate.

Art. 746. Exoneration from responsibility by abandonment of the servient estate.
If the act establishing the servitude binds the owner of the servient estate to make the necessary works at his own expense, he may exonerate himself by abandoning the servient estate or the part of it on which the servitude is granted to the owner of the dominant estate.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 748. Noninterference by the owner of servient estate.

Art. 748. Noninterference by the owner of servient estate.
The owner of the servient estate may do nothing tending to diminish or make more inconvenient the use of the servitude.
If the original location has become more burdensome for the owner of the servient estate, or if it prevents him from making useful improvements on his estate, he may provide another equally convenient location for the exercise of the servitude which the owner of the dominant estate is bound to accept. All expenses of relocation are borne by the owner of the servient estate.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 751. Destruction of dominant or of servient estate.

SECTION 5--EXTINCTION OF PREDIAL SERVITUDES
Art. 751. Destruction of dominant or of servient estate.
A predial servitude is extinguished by the permanent and total destruction of the dominant estate or of the part of the servient estate burdened with the servitude.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 752. Reestablishment of things.

Art. 752. Reestablishment of things.
If the exercise of the servitude becomes impossible because the things necessary for its exercise have undergone such a change that the servitude can no longer be used, the servitude is not extinguished; it resumes its effect when things are reestablished so that they may again be used, unless prescription has accrued.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 754. Commencement of nonuse.

Art. 754. Commencement of nonuse.
Prescription of nonuse begins to run for affirmative servitudes from the date of their last use, and for negative servitudes from the date of the occurrence of an event contrary to the servitude.
An event contrary to the servitude is such as the destruction of works necessary for its exercise or the construction of works that prevent its exercise.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 756. Failure to rebuild dominant or servient estate.

Art. 756. Failure to rebuild dominant or servient estate.
If the servitude cannot be exercised on account of the destruction of a building or other construction that belongs to the owner of the dominant estate, prescription is not suspended. If the building or other construction belongs to the owner of the servient estate, the preceding article applies.
Acts 1977, No. 514, §1
2023 Louisiana Laws › Civil Code › Art. 762. Use by co-owner.

Art. 762. Use by co-owner.
If the dominant estate is owned in indivision, the use that a co-owner makes of the servitude prevents the running of prescription as to all.
If the dominant estate is partitioned, the use of the servitude by each owner preserves it for his estate only.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 764. Burden of proof of use.

Art. 764. Burden of proof of use.
When the prescription of nonuse is pleaded, the owner of the dominant estate has the burden of proving that he or some other person has made use of the servitude as appertaining to his estate during the period of time required for the accrual of the prescription.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 770. Abandonment of servient estate.

Art. 770. Abandonment of servient estate.
A predial servitude is extinguished by the abandonment of the servient estate, or of the part on which the servitude is exercised. It must be evidenced by a written act. The owner of the dominant estate is bound to accept it and confusion takes place.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 776. Establishment

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.
2023 Louisiana Laws › Civil Code › Art. 778. Affirmative duties

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.
2023 Louisiana Laws › Civil Code › Art. 780. Amendment and termination of building restrictions

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.
2023 Louisiana Laws › Civil Code › Art. 781. Termination; liberative prescription.

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.
2023 Louisiana Laws › Civil Code › Art. 782. Abandonment of plan or of restriction.

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.
2023 Louisiana Laws › Civil Code › Art. 783. Matters of interpretation and application

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.
2023 Louisiana Laws › Civil Code › Art. 785. Fixing of the boundary.

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.
2023 Louisiana Laws › Civil Code › Art. 786. Persons who may compel fixing of boundary.

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.
2023 Louisiana Laws › Civil Code › Art. 789. Fixing of boundary judicially or extrajudicially.

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.
2023 Louisiana Laws › Civil Code › Art. 790. Costs.

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.
2023 Louisiana Laws › Civil Code › Art. 792. Fixing of boundary according to ownership or possession

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.
2023 Louisiana Laws › Civil Code › Art. 794. Determination of ownership according to prescription.

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.
2023 Louisiana Laws › Civil Code › Art. 796. Error in the location of markers; rectification.

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.
2023 Louisiana Laws › Civil Code › Art. 797. Ownership in indivision; definition

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.
2023 Louisiana Laws › Civil Code › Art. 798. Right to fruits and products

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.
2023 Louisiana Laws › Civil Code › Art. 802. Right to use the thing

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.
2023 Louisiana Laws › Civil Code › Art. 803. Use and management of the thing in the absence of agreement

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.
2023 Louisiana Laws › Civil Code › Art. 804. Substantial alterations or improvements

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.
2023 Louisiana Laws › Civil Code › Art. 805. Disposition of undivided share

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.
2023 Louisiana Laws › Civil Code › Art. 806. Expenses of maintenance and management

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.
2023 Louisiana Laws › Civil Code › Art. 807. Right to partition; exclusion by agreement

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.
2023 Louisiana Laws › Civil Code › Art. 810. Partition in kind

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.
2023 Louisiana Laws › Civil Code › Art. 811. Partition by licitation or by private sale

Art. 811. Partition by licitation or by private sale
A. When the thing held in indivision is not susceptible to partition in kind, the court shall decree a partition by licitation or, as provided in Paragraph B of this Article, by private sale and the proceeds shall be distributed to the co-owners in proportion to their shares.
B. In the event that one or more of the co-owners are absentees or have not consented to a partition by private sale, the court shall order a partition by private sale and shall give first priority to the private sale between the existing co-owners, over the sale by partition by licitation or private sale to third parties. The court shall order the partition by private sale between the existing co-owners as identified in the conveyance records as of the date of filing for the petition for partition by private sale. The petition for partition by private sale shall be granted first priority, and the sale shall be executed under Title IX of Book VII of the Code of Civil Procedure.
Acts 1990, No. 990, §1, eff. Jan. 1, 1991; Acts 2020, No. 281, §1, eff. June 11, 2020; Acts 2021, No. 27, §1, eff. June 1, 2021.
2023 Louisiana Laws › Civil Code › Art. 814. Rescission of partition for lesion

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.
2023 Louisiana Laws › Civil Code › Art. 870. Modes of acquiring ownership

BOOK III
OF THE DIFFERENT MODES OF ACQUIRING THE
OWNERSHIP OF THINGS
PRELIMINARY TITLE--GENERAL DISPOSITIONS
Art. 870. Modes of acquiring ownership
A. The ownership of things or property is acquired by succession either testate or intestate, by the effect of obligations, and by the operation of law.
B. Testate and intestate succession rights, including the right to claim as a forced heir, are governed by the law in effect on the date of the decedent's death.
Acts 1981, No. 919, §1, eff. Jan. 1, 1982; Acts 2001, No. 560, §1, eff. June 22, 2001.
2023 Louisiana Laws › Civil Code › Art. 871. Meaning of succession

TITLE I--OF SUCCESSIONS
CHAPTER 1--OF THE DIFFERENT SORTS OF
SUCCESSIONS AND SUCCESSORS
Art. 871. Meaning of succession
Succession is the transmission of the estate of the deceased to his successors. The successors thus have the right to take possession of the estate of the deceased after complying with applicable provisions of law.
Acts 1981 No. 919, §1, eff. Jan. 1, 1982.
2023 Louisiana Laws › Civil Code › Art. 872. Meaning of estate

Art. 872. Meaning of estate
The estate of a deceased means the property, rights, and obligations that a person leaves after his death, whether the property exceeds the charges or the charges exceed the property, or whether he has only left charges without any property. The estate includes not only the rights and obligations of the deceased as they exist at the time of death, but all that has accrued thereto since death, and the new charges to which it becomes subject.
Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
2023 Louisiana Laws › Civil Code › Art. 874. Testate succession

Art. 874. Testate succession
Testate succession results from the will of the deceased, contained in a testament executed in a form prescribed by law. This kind of succession is covered under the Title:
Of donations inter vivos and mortis causa
.
Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
2023 Louisiana Laws › Civil Code › Art. 876. Kinds of successors

Art. 876. Kinds of successors
There are two kinds of successors corresponding to the two kinds of succession described in the preceding articles:
Testate successors, also called legatees.
Intestate successors, also called heirs.
Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
2023 Louisiana Laws › Civil Code › Art. 880. Intestate succession

CHAPTER 2--OF INTESTATE SUCCESSION
Art. 880. Intestate succession
In the absence of valid testamentary disposition, the undisposed property of the deceased devolves by operation of law in favor of his descendants, ascendants, and collaterals, by blood or by adoption, and in favor of his spouse not judicially separated from him, in the order provided in and according to the following articles.
Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
2023 Louisiana Laws › Civil Code › Art. 882. Representation in direct line of descendants

Art. 882. Representation in direct line of descendants
Representation takes place ad infinitum in the direct line of descendants. It is permitted in all cases, whether the children of the deceased concur with the descendants of the predeceased child, or whether, all the children having died before him, the descendants of the children be in equal or unequal degrees of relationship to the deceased. For purposes of forced heirship, representation takes place only as provided in Article 1493.
Acts 1981, No. 919, §1, eff. Jan. 1, 1982; Acts 1990, No. 147, §1, eff. July 1, 1990; Acts 1995, No. 1180, §1, eff. Jan. 1, 1996.
2023 Louisiana Laws › Civil Code › Art. 884. Representation in collateral line

Art. 884. Representation in collateral line
In the collateral line, representation is permitted in favor of the children and descendants of the brothers and sisters of the deceased, whether they succeed in concurrence with their uncles and aunts, or whether, the brothers and sisters of the deceased having died, their descendants succeed in equal or unequal degrees.
Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
2023 Louisiana Laws › Civil Code › Art. 885. Basis of partition in cases of representation

Art. 885. Basis of partition in cases of representation
In all cases in which representation is permitted, the partition is made by roots; if one root has produced several branches, the subdivision is also made by roots in each branch, and the members of the same branch take by heads.
Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
2023 Louisiana Laws › Civil Code › Art. 890. Usufruct of surviving spouse

Art. 890. Usufruct of surviving spouse
If the deceased spouse is survived by descendants, the surviving spouse shall have a usufruct over the decedent's share of the community property to the extent that the decedent has not disposed of it by testament. This usufruct terminates when the surviving spouse dies or remarries, whichever occurs first.
Acts 1981, No. 919, §1. Amended by Acts 1982, No. 445, §1; Acts 1990, No. 1075, §1, eff. July 27, 1990; Acts 1996, 1st Ex. Sess., No. 77, §1.
2023 Louisiana Laws › Civil Code › Art. 891. Devolution of separate property; parents and brothers and sisters

Art. 891. Devolution of separate property; parents and brothers and sisters
If the deceased leaves no descendants but is survived by a father, mother, or both, and by a brother or sister, or both, or descendants from them, the brothers and sisters or their descendants succeed to the separate property of the deceased subject to a usufruct in favor of the surviving parent or parents. If both parents survive the deceased, the usufruct shall be joint and successive.
Acts 1981, No. 919, §1, eff. Jan. 1, 1982; Acts 2004, No. 26, §1.
2023 Louisiana Laws › Civil Code › Art. 892. Devolution of separate property in absence of parents or in absence of brothers and sisters

Art. 892. Devolution of separate property in absence of parents or in absence of brothers and sisters
If the deceased leaves neither descendants nor parents, his brothers or sisters or descendants from them succeed to his separate property in full ownership to the exclusion of other ascendants and other collaterals.
If the deceased leaves neither descendants nor brothers or sisters, nor descendants from them, his parent or parents succeed to the separate property to the exclusion of other ascendants and other collaterals.
Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
2023 Louisiana Laws › Civil Code › Art. 893. Brothers and sisters related by half-blood

Art. 893. Brothers and sisters related by half-blood
The property that devolves to the brothers or sisters is divided among them equally, if they are all born of the same parents. If they are born of different unions, it is equally divided between the paternal and maternal lines of the deceased: brothers or sisters fully related by blood take in both lines and those related by half-blood take each in his own line. If there are brothers or sisters on one side only, they take the entirety to the exclusion of all relations in the other line.
Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
2023 Louisiana Laws › Civil Code › Art. 894. Separate property; rights of surviving spouse

Art. 894. Separate property; rights of surviving spouse
If the deceased leaves neither descendants, nor parents, nor brothers, sisters, or descendants from them, his spouse not judicially separated from him shall succeed to his separate property to the exclusion of other ascendants and other collaterals.
Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
2023 Louisiana Laws › Civil Code › Art. 895. Separate property; rights of other ascendants

Art. 895. Separate property; rights of other ascendants
If a deceased leaves neither descendants, nor brothers, sisters, or descendants from them, nor parents, nor spouse not judicially separated, his other ascendants succeed to his separate property. If the ascendants in the paternal and maternal lines are in the same degree, the property is divided into two equal shares, one of which goes to the ascendants on the paternal side, and the other to the ascendants on the maternal side, whether the number of ascendants on each side be equal or not. In this case, the ascendants in each line inherit by heads.
If there is in the nearest degree but one ascendant in the two lines, such ascendant excludes ascendants of a more remote degree.
Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
2023 Louisiana Laws › Civil Code › Art. 896. Separate property; rights of other collaterals

Art. 896. Separate property; rights of other collaterals
If the deceased leaves neither descendants, nor brothers, sisters, or descendants from them, nor parents, nor spouse not judicially separated, nor other ascendants, his other collaterals succeed to his separate property. Among the collateral relations, the nearest in degree excludes all the others. If there are several in the same degree, they take equally and by heads.
Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
2023 Louisiana Laws › Civil Code › Art. 901. Direct and collateral relationship

Art. 901. Direct and collateral relationship
The series of degrees forms the line. The direct line is the series of degrees between persons who descend one from another. The collateral line is the series of degrees between persons who do not descend one from another, but who descend from a common ancestor.
In the direct line, the number of degrees is equal to the number of generations between the heir and the deceased. In the collateral line, the number of degrees is equal to the number of generations between the heir and the common ancestor, plus the number of generations between the common ancestor and the deceased.
Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
2023 Louisiana Laws › Civil Code › Art. 935. Acquisition of ownership; seizin

Art. 935. Acquisition of ownership; seizin
Immediately at the death of the decedent, universal successors acquire ownership of the estate and particular successors acquire ownership of the things bequeathed to them.
Prior to the qualification of a succession representative only a universal successor may represent the decedent with respect to the heritable rights and obligations of the decedent.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 936. Continuation of the possession of decedent

Art. 936. Continuation of the possession of decedent
The possession of the decedent is transferred to his successors, whether testate or intestate, and if testate, whether particular, general, or universal legatees.
A universal successor continues the possession of the decedent with all its advantages and defects, and with no alteration in the nature of the possession.
A particular successor may commence a new possession for purposes of acquisitive prescription.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 938. Exercise of succession rights

Art. 938. Exercise of succession rights
A. Prior to the qualification of a succession representative, a successor may exercise rights of ownership with respect to his interests in a thing of the estate as well as his interest in the estate as a whole.
B. If a successor exercises his rights of ownership after the qualification of a succession representative, the effect of that exercise is subordinate to the administration of the estate.
Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 2001, No. 556, §1, eff. June 22, 2001.
2023 Louisiana Laws › Civil Code › Art. 941. Declaration of unworthiness

Art. 941. Declaration of unworthiness
A successor shall be declared unworthy if he is convicted of a crime involving the intentional killing, or attempted killing, of the decedent or is judicially determined to have participated in the intentional, unjustified killing, or attempted killing, of the decedent. An action to declare a successor unworthy shall be brought in the succession proceedings of the decedent.
An executive pardon or pardon by operation of law does not affect the unworthiness of a successor.
Acts 1997, No. 1421, §1, eff. July 1, 1999.