Louisiana Civil Code

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CHAPTER 3 - HABITATION

Art. 630. Habitation is the nontransferable real right of a natural person to dwell in the house of another. [Acts 1976, No. 103, §1]

Art. 631. The right of habitation is established and extinguished in the same manner as the right of usufruct. [Acts 1976, No. 103, §1]

Art. 632. The right of habitation is regulated by the title that establishes it. If the title is silent as to the extent of habitation, the right is regulated in accordance with Articles 633 through 635. [Acts 1976, No. 103, §1]

Art. 633. A person having the right of habitation may reside in the house with his family, although not married at the time the right was granted to him. [Acts 1976, No. 103, §1]

Art. 634. A person having the right of habitation is entitled to the exclusive use of the house or of the part assigned to him, and, provided that he resides therein, he may receive friends, guests, and boarders. [Acts 1976, No. 103, §1]

Art. 635. A person having the right of habitation is bound to use the property as a prudent administrator and at the expiration of his right to deliver it to the owner in the condition in which he received it, ordinary wear and tear excepted. [Acts 1976, No. 103, §1]

Art. 636. When the person having the right of habitation occupies the entire house, he is liable for ordinary repairs, for the payment of taxes, and for other annual charges in the same manner as the usufructuary.

When the person having the right of habitation occupies only a part of the house, he is liable for ordinary repairs to the part he occupies and for all other expenses and charges in proportion to his enjoyment. [Acts 1976, No. 103, §1]

Art. 637. The right of habitation is neither transferable nor heritable. It may not be alienated, let, or encumbered. [Acts 1976, No. 103, §1]

Art. 638. The right of habitation terminates at the death of the person having it unless a shorter period is stipulated. [Acts 1976, No. 103, §1]

 

CHAPTER 4 - RIGHTS OF USE

Art. 639. The personal servitude of right of use confers in favor of a person a specified use of an estate less than full enjoyment. [Acts 1976, No. 103, §1]

Art. 640. The right of use may confer only an advantage that may be established by a predial servitude. [Acts 1976, No. 103, §1]

Art. 641. A right of use may be established in favor of a natural person or a legal entity. [Acts 1976, No. 103, §1]

Art. 642. A right of use includes the rights contemplated or necessary to enjoyment at the time of its creation as well as rights that may later become necessary, provided that a greater burden is not imposed on the property unless otherwise stipulated in the title. [Acts 1976, No. 103, §1]

Art. 643. The right of use is transferable unless prohibited by law or contract. [Acts 1976, No. 103, §1]

Art. 644. A right of use is not extinguished at the death of the natural person or at the dissolution of any other entity having the right unless the contrary is provided by law or contract. [Acts 1976, No. 103, §1]

Art. 645. A right of use is regulated by application of the rules governing usufruct and predial servitudes to the extent that their application is compatible with the rules governing a right of use servitude. [Acts 1976, No. 103, §1]