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A listing agent in New Orleans is reviewing a property where ownership is held in indivision by three siblings. Which of the following actions can a co-owner take WITHOUT the consent of the other co-owners under Louisiana law?

Correct Answer

C) Demand a judicial partition of the co-owned property

Under Louisiana Civil Code Art. 807, any co-owner may demand partition of co-owned property at any time without the consent of the other co-owners. This is an individual right that cannot be waived for more than five years. Options A, B, and D all require the concurrence of all co-owners because they affect the rights of all co-owners in the entire property.

Answer Options
A
Sell the entire property to a third-party buyer
B
Grant a predial servitude over the entire property
C
Demand a judicial partition of the co-owned property
D
Execute a lease of the entire property for a term of five years

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Related Topics & Key Terms

Key Terms:

co_ownershipindivisionpartitionco_owner_rightscivil_code

Related Concepts

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.

A life estate is a freehold estate that grants ownership rights for the duration of someone's life.

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