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In Louisiana, a 'predial servitude' under the Civil Code is most closely equivalent to which common-law concept?

Correct Answer

B) An easement — a right attached to a dominant estate to use a neighboring servient estate for a specific purpose

Louisiana Civil Code recognizes two main categories of servitudes. A predial servitude is a charge on one immovable (the servient estate) for the benefit of another immovable (the dominant estate) — this is the closest Louisiana equivalent to a common-law easement, as it runs with the land and is not tied to a specific person. Personal servitudes, by contrast, benefit a specific person rather than a dominant estate; they include usufruct (the right to use and enjoy another's property and its fruits), habitation (the right to dwell in another's house), and the right of use. Personal servitudes have no precise common-law easement equivalent. For Louisiana real estate exam purposes, predial servitudes are the concept most analogous to easements.

Answer Options
A
A mortgage — a security interest in real property
B
An easement — a right attached to a dominant estate to use a neighboring servient estate for a specific purpose
C
A lease — a contractual right to occupy property for a term
D
An option contract — a right to purchase property at a set price within a specified period

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Related Topics & Key Terms

Related Topics:

predial servitudepersonal servitudeusufructdominant and servient estateencumbrances

Key Terms:

predial servitudeeasementdominant estateservient estateLouisiana Civil Codeusufruct

Related Concepts

A financing contingency makes the purchase contract conditional upon the buyer obtaining mortgage approval within a specified time period. If the buyer cannot secure financing, they can cancel the contract and receive their earnest money back.

An inspection contingency gives the buyer the right to have the property professionally inspected within a specified time frame and to negotiate repairs or cancel the contract based on the findings.

Liquidated damages are a predetermined amount of money specified in the contract that the non-breaching party is entitled to receive if the other party breaches. In real estate, the earnest money deposit typically serves as liquidated damages.

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