Victor owns a home in Mandeville and has granted his neighbor Patricia a predial servitude of passage across the rear of his property. Victor now signs a purchase agreement to sell the home to a buyer, Kevin. Kevin's agent assures Kevin that the servitude will not transfer with the property because it was not mentioned in the purchase agreement. Is the agent's statement correct?
Correct Answer
D) No, because predial servitudes are real rights that run with the land and bind all subsequent owners
Under Louisiana Civil Code Arts. 646 and 650, a predial servitude is a charge on a servient estate for the benefit of a dominant estate. It is a real right that runs with the land — meaning it transfers automatically with the servient estate to all subsequent owners, regardless of whether it is mentioned in the purchase agreement or Act of Sale. Kevin will take title to the property subject to Patricia's servitude of passage. The agent's statement is incorrect and potentially constitutes a material misrepresentation.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Offer and acceptance is the process by which one party proposes specific terms for a contract and the other party agrees to those exact terms, creating mutual assent. This mutual agreement, also called a meeting of the minds, is an essential element of every valid contract.
An option contract gives one party the exclusive right, but not the obligation, to purchase or lease a property at a specified price within a specified time period. The buyer pays option consideration to keep the option open.
A purchase agreement is a legally binding contract between a buyer and seller that outlines the terms and conditions for the sale of real property. It is also commonly called a sales contract, purchase and sale agreement, or earnest money agreement.
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