Louisiana Civil Code

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SECTION 2 - IMMOVABLES

Art. 462. Tracts of land, with their component parts, are immovables. [Acts 1978, No. 728, §1]

Art. 463. Buildings, other constructions permanently attached to the ground, standing timber, and unharvested crops or ungathered fruits of trees, are component parts of a tract of land when they belong to the owner of the ground. [Acts 1978, No. 728, §1]

Art. 464. Buildings and standing timber are separate immovables when they belong to a person other than the owner of the ground. [Acts 1978, No. 728, §1]

Art. 465. Things incorporated into a tract of land, a building, or other construction, so as to become an integral part of it, such as building materials, are its component parts. [Acts 1978, No. 728, §1]

Art. 466. Things that are attached to a building and that, according to prevailing usages, serve to complete a building of the same general type, without regard to its specific use, are its component parts. Component parts of this kind may include doors, shutters, gutters, and cabinetry, as well as plumbing, heating, cooling, electrical, and similar systems.

Things that are attached to a construction other than a building and that serve its principal use are its component parts.

Other things are component parts of a building or other construction if they are attached to such a degree that they cannot be removed without substantial damage to themselves or to the building or other construction. [Acts 1978, No. 728, §1; Acts 2005, No. 301, §1, eff. June 29, 2005; Acts 2006, No. 765, §1; Acts 2008, No. 632, §1, eff. July 1, 2008]

Art. 467. The owner of an immovable may declare that machinery, appliances, and equipment owned by him and placed on the immovable, other than his private residence, for its service and improvement are deemed to be its component parts. The declaration shall be filed for registry in the conveyance records of the parish in which the immovable is located. [Acts 1978, No. 728, §1]

Art. 468. Component parts of an immovable so damaged or deteriorated that they can no longer serve the use of lands or buildings are deimmobilized.

The owner may deimmobilize the component parts of an immovable by an act translative of ownership and delivery to acquirers in good faith.

In the absence of rights of third persons, the owner may deimmobilize things by detachment or removal. [Acts 1978, No. 728, §1. Amended by Acts 1979, No. 180, §2]

Art. 469. The transfer or encumbrance of an immovable includes its component parts. [Acts 1978, No. 728, §1. Amended by Acts 1979, No. 180, §2]

Art. 470. Rights and actions that apply to immovable things are incorporeal immovables. Immovables of this kind are such as personal servitudes established on immovables, predial servitudes, mineral rights, and petitory or possessory actions. [Acts 1978, No. 728, §1]

 

SECTION 3 - MOVABLES

Art. 471. Corporeal movables are things, whether animate or inanimate, that normally move or can be moved from one place to another. [Acts 1978, No. 728, §1]

Art. 472. Materials gathered for the erection of a new building or other construction, even though deriving from the demolition of an old one, are movables until their incorporation into the new building or after construction.

Materials separated from a building or other construction for the purpose of repair, addition, or alteration to it, with the intention of putting them back, remain immovables. [Acts 1978, No. 728, §1]

Art. 473. Rights, obligations, and actions that apply to a movable thing are incorporeal movables.  Movables of this kind are such as bonds, annuities, and interests or shares in entities possessing juridical personality.

Interests or shares in a juridical person that owns immovables are considered as movables as long as the entity exists; upon its dissolution, the right of each individual to a share in the immovables is an immovable. [Acts 1978, No. 728, §1]

Art. 474. Unharvested crops and ungathered fruits of trees are movables by anticipation when they belong to a person other than the landowner. When encumbered with security rights of third persons, they are movables by anticipation insofar as the creditor is concerned.

The landowner may, by act translative of ownership or by pledge, mobilize by anticipation unharvested crops and ungathered fruits of trees that belong to him. [Acts 1978, No. 728, §1]

Art. 475. All things, corporeal or incorporeal, that the law does not consider as immovables, are movables. [Acts 1978, No. 728, §1]

 

CHAPTER 2 - RIGHTS IN THINGS

Art. 476. One may have various rights in things:

1.  Ownership;

2.  Personal and predial servitudes; and

3.  Such other real rights as the law allows. [Acts 1978, No. 728, §1]