Théodore owns a tract of land in Baton Rouge. He grants his neighbor, Yvonne, the right to cross his property to reach the public road. This arrangement is best described under Louisiana law as:
Correct Answer
B) A predial servitude burdening Théodore's estate for the benefit of Yvonne's estate
Under Louisiana Civil Code Art. 646, a predial servitude is a charge on a servient estate (Théodore's land) for the benefit of a dominant estate (Yvonne's land). A right of passage to reach a public road is a classic example of a predial servitude of passage (Art. 689). It runs with both estates and is not personal to Yvonne — it benefits whoever owns her land.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A freehold estate represents ownership of real property with an indefinite duration.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
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