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2023 Louisiana Laws › Civil Code › Art. 517. Voluntary transfer of ownership of an immovable

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.
2023 Louisiana Laws › Civil Code › Art. 518. Voluntary transfer of the ownership of a movable

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.
2023 Louisiana Laws › Civil Code › Art. 520. Transfer of ownership by merchant

Art. 520. Transfer of ownership by merchant
Except as otherwise provided by legislation, a transferee in good faith and for fair value acquires ownership of a corporeal movable from a transferor who is not the owner only if the transferor has possession of the thing with consent of the owner, is a merchant customarily selling similar things, and transfers the thing in the regular course of the transferor's business.
Acts 2023, No. 401, §1.
2023 Louisiana Laws › Civil Code › Art. 521. Lost or stolen thing.

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.
2023 Louisiana Laws › Civil Code › Art. 524. Recovery of lost or stolen things.

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.
2023 Louisiana Laws › Civil Code › Art. 526. Recognition of ownership; recovery of the thing.

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.
2023 Louisiana Laws › Civil Code › Art. 527. Necessary expenses.

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.
2023 Louisiana Laws › Civil Code › Art. 530. Presumption of ownership of movable.

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.
2023 Louisiana Laws › Civil Code › Art. 531. Proof of ownership of immovable

Art. 531. Proof of ownership of immovable
One claiming the ownership of an immovable against another who has been in possession of the immovable for one year after having commenced possession in good faith and with just title or who has been in possession of the immovable for ten years shall prove that he has acquired ownership from a previous owner or by acquisitive prescription. In all other cases, he need only prove a better title.
Acts 1979, No. 180, §1; Acts 2023, No. 421, §1.
2023 Louisiana Laws › Civil Code › Art. 535. Usufruct.

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.
2023 Louisiana Laws › Civil Code › Art. 537. Nonconsumable things.

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.
2023 Louisiana Laws › Civil Code › Art. 538. Usufruct of consumable things

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.
2023 Louisiana Laws › Civil Code › Art. 539. Usufruct of nonconsumable things.

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.
2023 Louisiana Laws › Civil Code › Art. 541. Divisibility of usufruct.

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.
2023 Louisiana Laws › Civil Code › Art. 543. Partition of the property in kind or by licitation

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.
2023 Louisiana Laws › Civil Code › Art. 544. Methods of establishing usufruct; things susceptible of usufruct.

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.
2023 Louisiana Laws › Civil Code › Art. 545. Modifications of usufruct.

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.
2023 Louisiana Laws › Civil Code › Art. 547. Usufruct in favor of several usufructuaries.

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.
2023 Louisiana Laws › Civil Code › Art. 548. Existence of usufructuaries.

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.
2023 Louisiana Laws › Civil Code › Art. 551. Kinds of fruits.

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.
2023 Louisiana Laws › Civil Code › Art. 552. Corporate distributions.

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.
2023 Louisiana Laws › Civil Code › 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.
2023 Louisiana Laws › Civil Code › Art. 556. Apportionment of civil fruits.

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.
2023 Louisiana Laws › Civil Code › Art. 558. Improvements and alterations

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.
2023 Louisiana Laws › Civil Code › Art. 562. Usufruct of timberlands.

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.
2023 Louisiana Laws › Civil Code › Art. 565. Predial servitudes.

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.
2023 Louisiana Laws › Civil Code › Art. 567. Contracts affecting the usufructuary's liability

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.
2023 Louisiana Laws › Civil Code › Art. 568. Disposition of nonconsumable things

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.
2023 Louisiana Laws › Civil Code › Art. 568.1. Donation and alienation

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.
2023 Louisiana Laws › Civil Code › Art. 568.2. Right to lease

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.
2023 Louisiana Laws › Civil Code › Art. 568.3. Requirement to remove encumbrance

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.
2023 Louisiana Laws › Civil Code › Art. 569. Duties with regard to things gradually or totally impaired

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.
2023 Louisiana Laws › Civil Code › Art. 570. Inventory.

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.
2023 Louisiana Laws › Civil Code › Art. 571. Security

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.
2023 Louisiana Laws › Civil Code › Art. 572. Amount of security.

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.
2023 Louisiana Laws › Civil Code › Art. 573. Dispensation of security

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.
2023 Louisiana Laws › Civil Code › Art. 574. Delay in giving security

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.
2023 Louisiana Laws › Civil Code › Art. 575. Failure to give security

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.
2023 Louisiana Laws › Civil Code › Art. 577. Liability for repairs

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.
2023 Louisiana Laws › Civil Code › Art. 579. Rights of action for repairs.

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.
2023 Louisiana Laws › Civil Code › Art. 580. Reimbursement for necessary repairs

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.
2023 Louisiana Laws › Civil Code › Art. 581. Liability for necessary expenses

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.
2023 Louisiana Laws › Civil Code › Art. 582. Abandonment of usufruct.

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.
2023 Louisiana Laws › Civil Code › Art. 583. Ruin from accident, force majeure, or age

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.
2023 Louisiana Laws › Civil Code › Art. 585. Extraordinary charges.

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.
2023 Louisiana Laws › Civil Code › Art. 586. Liability for debts; usufruct inter vivos

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.
2023 Louisiana Laws › Civil Code › Art. 587. Liability for debts; usufruct established mortis causa

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.
2023 Louisiana Laws › Civil Code › Art. 588. Discharge of debt on encumbered property; usufruct established inter vivos

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.
2023 Louisiana Laws › Civil Code › Art. 589. Discharge of debt on encumbered property by mortis causa usufructuary

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.
2023 Louisiana Laws › Civil Code › Art. 590. Encumbered property; discharge of debt on encumbered property by naked owner

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.
2023 Louisiana Laws › Civil Code › Art. 591. Continuation of usufruct after sale of property

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.
2023 Louisiana Laws › Civil Code › Art. 592. Multiple usufructuaries; contribution to payment of estate debts

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.
2023 Louisiana Laws › Civil Code › Art. 593. Discharge of legacy of annuity

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.
2023 Louisiana Laws › Civil Code › Art. 594. Court costs; expenses of litigation

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.
2023 Louisiana Laws › Civil Code › Art. 595. Expenses of litigation; legal usufruct.

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.
2023 Louisiana Laws › Civil Code › Art. 596. Expenses of litigation; conventional usufruct.

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.
2023 Louisiana Laws › Civil Code › Art. 598. Duty to give information to owner.

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.
2023 Louisiana Laws › Civil Code › Art. 599. Usufruct of a herd of animals.

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.
2023 Louisiana Laws › Civil Code › Art. 600. Disposition of animals.

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.
2023 Louisiana Laws › Civil Code › Art. 601. Removal of improvements

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.
2023 Louisiana Laws › Civil Code › Art. 603. Disposition of the naked ownership; alienation or encumbrance of the property

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.
2023 Louisiana Laws › Civil Code › Art. 604. Servitudes

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.
2023 Louisiana Laws › Civil Code › Art. 608. Dissolution of juridical person; thirty year limitation

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.
2023 Louisiana Laws › Civil Code › Art. 613. Loss, extinction, or destruction of property

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.
2023 Louisiana Laws › Civil Code › Art. 615. Change of the form of property

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.
2023 Louisiana Laws › Civil Code › Art. 616. Sale or exchange of the property; taxes

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.
2023 Louisiana Laws › Civil Code › Art. 617. Proceeds of insurance.

Art. 617. Proceeds of insurance.
When proceeds of insurance are due on account of loss, extinction, or destruction of property subject to usufruct, the usufruct attaches to the proceeds. If the usufructuary or the naked owner has separately insured his interest only, the proceeds belong to the insured party.
Acts 1976, No. 103, §1.
2023 Louisiana Laws › Civil Code › Art. 618. Security for proceeds

Art. 618. Security for proceeds
In cases governed by Articles 614, 615, 616, and the first sentence of Article 617, the naked owner may demand, within one year from receipt of the proceeds by the usufructuary that the usufructuary give security for the proceeds. If such a demand is made, and the parties cannot agree, the nature of the security shall be determined by the court. This Article does not apply to corporeal movables referred to in the second sentence of Article 568, or to property disposed of by the usufructuary pursuant to the power to dispose of nonconsumables if the grantor of the usufruct has dispensed with the security.
Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
2023 Louisiana Laws › Civil Code › Art. 619. Changes made by the testator

Art. 619. Changes made by the testator
A usufruct by donation mortis causa is not considered revoked merely because the testator has made changes in the property after the date of his testament. The effect of the legacy is determined by application of the rules contained in the Title:
Of donations inter vivos and mortis causa
.
Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
2023 Louisiana Laws › Civil Code › Art. 620. Sale of the property or of the usufruct

Art. 620. Sale of the property or of the usufruct
Usufruct terminates by the enforcement of an encumbrance established upon the property prior to the creation of the usufruct to secure a debt. The usufructuary may have an action against the grantor of the usufruct or against the naked owner under the provisions established in Section 3 of this Chapter.
The judicial sale of the usufruct by creditors of the usufructuary deprives the usufructuary of his enjoyment of the property but does not terminate the usufruct.
Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
2023 Louisiana Laws › Civil Code › Art. 621. Prescription of nonuse.

Art. 621. Prescription of nonuse.
A usufruct terminates by the prescription of nonuse if neither the usufructuary nor any other person acting in his name exercises the right during a period of ten years. This applies whether the usufruct has been constituted on an entire estate or on a divided or undivided part of an estate.
Acts 1976, No. 103, §1.
2023 Louisiana Laws › Civil Code › Art. 622. Confusion of usufruct and naked ownership.

Art. 622. Confusion of usufruct and naked ownership.
A usufruct terminates by confusion when the usufruct and the naked ownership are united in the same person.
The usufruct does not terminate if the title by which the usufruct and the naked ownership were united is annulled for some previously existing defect or some vice inherent in the act.
Acts 1976, No. 103, §1.
2023 Louisiana Laws › Civil Code › Art. 623. Abuse of the enjoyment; consequences

Art. 623. Abuse of the enjoyment; consequences
The usufruct may be terminated by the naked owner if the usufructuary commits waste, alienates things without authority, neglects to make ordinary repairs, or abuses his enjoyment in any other manner.
Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
2023 Louisiana Laws › Civil Code › Art. 624. Security to prevent termination

Art. 624. Security to prevent termination
In the cases covered by the preceding Article, the court may decree termination of the usufruct or decree that the property be delivered to the naked owner on the condition that he shall pay to the usufructuary a reasonable annuity until the end of the usufruct. The amount of the annuity shall be based on the value of the usufruct.
The usufructuary may prevent termination of the usufruct or delivery of the property to the naked owner by giving security to insure that he will take appropriate corrective measures within a period fixed by the court.
Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
2023 Louisiana Laws › Civil Code › Art. 625. Intervention by creditors of the usufructuary

Art. 625. Intervention by creditors of the usufructuary
A creditor of the usufructuary may intervene and may prevent termination of the usufruct and delivery of the property to the naked owner by offering to repair the damages caused by the usufructuary and by giving security for the future.
Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
2023 Louisiana Laws › Civil Code › Art. 628. Consequences of termination; usufruct of nonconsumables.

Art. 628. Consequences of termination; usufruct of nonconsumables.
Upon termination of a usufruct of nonconsumables for a cause other than total and permanent destruction of the property, full ownership is restored. The usufructuary or his heirs are bound to deliver the property to the owner with its accessories and fruits produced since the termination of the usufruct.
If property has been lost or deteriorated through the fault of the usufructuary, the owner is entitled to the value the property otherwise would have had at the termination of the usufruct.
Acts 1976, No. 103, §1.
2023 Louisiana Laws › Civil Code › Art. 629. Consequences of termination; usufruct of consumables.

Art. 629. Consequences of termination; usufruct of consumables.
At the termination of a usufruct of consumables, the usufructuary is bound to deliver to the owner things of the same quantity and quality or the value they had at the commencement of the usufruct.
Acts 1976, No. 103, §1.
2023 Louisiana Laws › Civil Code › Art. 635. Degree of care; duty to restore the property.

Art. 635. Degree of care; duty to restore the property.
A person having the right of habitation is bound to use the property as a prudent administrator and at the expiration of his right to deliver it to the owner in the condition in which he received it, ordinary wear and tear excepted.
Acts 1976, No. 103, §1.
2023 Louisiana Laws › Civil Code › Art. 636. Taxes, repairs, and other charges.

Art. 636. Taxes, repairs, and other charges.
When the person having the right of habitation occupies the entire house, he is liable for ordinary repairs, for the payment of taxes, and for other annual charges in the same manner as the usufructuary.
When the person having the right of habitation occupies only a part of the house, he is liable for ordinary repairs to the part he occupies and for all other expenses and charges in proportion to his enjoyment.
Acts 1976, No. 103, §1.
2023 Louisiana Laws › Civil Code › Art. 646. Predial servitude; definition.

TITLE IV--PREDIAL SERVITUDES
CHAPTER 1--GENERAL PRINCIPLES
Art. 646. Predial servitude; 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.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 647. Benefit to dominant estate.

Art. 647. Benefit to dominant estate.
There must be a benefit to the dominant estate. The benefit need not exist at the time the servitude is created; a possible convenience or a future advantage suffices to support a servitude.
There is no predial servitude if the charge imposed cannot be reasonably expected to benefit the dominant estate.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 648. Contiguity or proximity of the estates.

Art. 648. Contiguity or proximity of the estates.
Neither contiguity nor proximity of the two estates is necessary for the existence of a predial servitude. It suffices that the two estates be so located as to allow one to derive some benefit from the charge on the other.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 650. Inseparability of servitude

Art. 650. Inseparability of servitude
A. A predial servitude is inseparable from the dominant estate and passes with it. The right of using the servitude cannot be alienated, leased, or encumbered separately from the dominant estate.
B. The predial servitude continues as a charge on the servient estate when ownership changes.
Acts 1977, No. 514, §1; Acts 2004, No. 821, §2, eff. Jan. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 651. Obligations of the owner of the servient estate

Art. 651. Obligations of the owner of the servient estate
The owner of the servient estate is not required to do anything. His obligation is to abstain from doing something on his estate or to permit something to be done on it. He may be required by convention or by law to keep his estate in suitable condition for the exercise of the servitude due to the dominant estate. A servitude may not impose upon the owner of the servient estate or his successors the obligation to pay a fee or other charge on the occasion of an alienation, lease, or encumbrance of the servient estate.
Acts 1977, No. 514, §1; Acts 2010, No. 938, §2, eff. July 2, 2010.
2023 Louisiana Laws › Civil Code › Art. 652. Indivisibility of servitude.

Art. 652. Indivisibility of servitude.
A predial servitude is indivisible. An estate cannot have upon another estate part of a right of way, or of view, or of any other servitude, nor can an estate be charged with a part of a servitude.
The use of a servitude may be limited to certain days or hours; when limited, it is still an entire right. A servitude is due to the whole of the dominant estate and to all parts of it; if this estate is divided, every acquirer of a part has the right of using the servitude in its entirety.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 654. Kinds of predial servitudes.

Art. 654. Kinds of predial servitudes.
Predial servitudes may be natural, legal, and voluntary or conventional. Natural servitudes arise from the natural situation of estates; legal servitudes are imposed by law; and voluntary or conventional servitudes are established by juridical act, prescription, or destination of the owner.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 655. Natural drainage.

CHAPTER 2--NATURAL SERVITUDES
Art. 655. Natural drainage
An estate situated below is the servient estate and is bound to receive the surface waters that flow naturally from a dominant estate situated above unless an act of man has created the flow.
Acts 1977, No. 514, §1; Acts 2017, No. 105, §1, eff. June 12, 2017.
2023 Louisiana Laws › Civil Code › Art. 656. Obligations of the owners.

Art. 656. Obligations of the owners
The owner of the servient estate situated below may not do anything to prevent the flow of the water. The owner of the dominant estate situated above may not do anything to render the servitude more burdensome.
Acts 1977, No. 514, §1; Acts 2017, No. 105, §1, eff. June 12, 2017.
2023 Louisiana Laws › Civil Code › Art. 658. Estate through which water runs.

Art. 658. Estate through which water runs.
The owner of an estate through which water runs, whether it originates there or passes from lands above, may make use of it while it runs over his lands. He cannot stop it or give it another direction and is bound to return it to its ordinary channel where it leaves his estate.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 660. Keeping buildings in repair

Art. 660. Keeping buildings in repair
The owner is bound to keep his buildings in repair so that neither their fall nor that of any part of their materials may cause damage to a neighbor or to a passerby. However, he is answerable for damages only upon a showing that he knew or, in the exercise of reasonable care, should have known of the vice or defect which caused the 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.
Acts 1977, No. 514, §1; Acts 1996, 1st Ex. Sess., No. 1, §1, eff. April 16, 1996.
2023 Louisiana Laws › Civil Code › Art. 661. Building in danger of falling.

Art. 661. Building in danger of falling.
When a building or other construction is in danger of falling a neighbor has a right of action to compel the owner to have it properly supported or demolished. When the danger is imminent the court may authorize the neighbor to do the necessary work for which he shall be reimbursed by the owner.
Acts 1977, No. 514, §1.
2023 Louisiana Laws › Civil Code › Art. 665. Legal public servitudes.

Art. 665. Legal public servitudes
Servitudes imposed for the public or common utility relate to the space which is to be left for the public use by the adjacent proprietors on the shores of navigable rivers and for the making and repairing of levees, roads, and other public or common works. Such servitudes also exist on property necessary for the building of levees and other water control structures on the alignment approved by the U.S. Army Corps of Engineers as provided by law, including the repairing of hurricane protection levees.
All that relates to this kind of servitude is determined by laws or particular regulations.
Acts 2006, No. 776, §1.
2023 Louisiana Laws › Civil Code › Art. 666. River road; substitution if destroyed or impassable.

Art. 666. River road; substitution if destroyed or impassable.
He who from his title as owner is bound to give a public road on the border of a river or stream, must furnish another without any compensation, if the first be destroyed or carried away.*
And if the road be so injured or inundated by the water, without being carried away, that it becomes impassable, the owner is obliged to give the public a passage on his lands, as near as possible to the public road, without recompense therefor.
* English translation of French text incomplete; should include "by the stream."