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Giselle holds a usufruct over a rental property in Lafayette. The naked owner is her adult son, Bastien. Giselle collects monthly rent from tenants. Which of the following statements correctly describes Giselle's rights and limitations?

Correct Answer

A) Giselle may collect rents as fruits of the property but cannot sell or mortgage the immovable

Under Louisiana Civil Code Arts. 550 and 551, the usufructuary has the right to use the property and to collect its civil fruits, which include rents. However, under Art. 603, the usufructuary cannot alienate (sell) or encumber (mortgage) the immovable property itself. Only the naked owner holds the power to alienate the property. Giselle's rights are limited to use and enjoyment, including rent collection.

Answer Options
A
Giselle may collect rents as fruits of the property but cannot sell or mortgage the immovable
B
Giselle may mortgage the property but only with Bastien's written consent
C
Giselle and Bastien must jointly approve all leases because both hold real rights in the property
D
Giselle may sell the property and keep the proceeds because she has the right to collect fruits

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Related Topics & Key Terms

Key Terms:

usufructnaked_ownershipcivil_fruitsrent_collectionalienation_restriction

Related Concepts

Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.

Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.

Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.

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