Under Louisiana law, a usufructuary who holds a usufruct over immovable property has certain rights with respect to that property. Which of the following is NOT a right of the usufructuary under the Louisiana Civil Code?
Correct Answer
C) The right to alienate (sell) the immovable property to a third party
Under Louisiana Civil Code Art. 567 and related provisions, a usufructuary does NOT have the right to alienate (sell or transfer) the immovable property itself. The usufructuary may use the property, collect its fruits and revenues, and even lease it—but ownership of the immovable remains with the naked owner. Only the naked owner has the right to alienate the underlying property. This is a critical distinction that affects listings, sales, and required signatures in Louisiana real estate transactions.
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Related Topics & Key Terms
Key Terms:
Related Concepts
The legal requirement for real estate agents to inform all parties about who they represent in a transaction, typically provided at first substantive contact.
A legal relationship in which one person (the agent) is authorized to act on behalf of another person (the principal) in business transactions with third parties.
The legal ending of an agency relationship, which can occur through completion, expiration, mutual agreement, breach, death, incapacity, or bankruptcy of either party.
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