Monday, October 1, 2007
Mow it weekly
In Property, we're currently studying possession, both corporeal(physical)/incorporeal(for lack of a better definition...mental) movables and immovables. It gets confusing at times keeping up with these rather strange terms. Why not use simple English? Without getting into the details of each type of 'thing', let's discuss corporeal immovables. In idiot terms, it's simply land or dwellings or other permanently attached things that can't be moved without damage to the thing or property it's attached to. Make sense? Good, let's move on Chief. I don't know how it is for other states, but according to the Civil Code in LA, just because you own and possess a tract of land doesn't necessarily mean that it's yours forever. Let me explain...According to the Code, one can obtain possession of an immovable through acquisitive prescription, in good or bad faith, if possession is uninterrupted for a period of one year. When concerning land, that simply means that if you own a piece of property you better make sure you check on it (or have someone else do so) at least once a year. If Johnny Boy decides to build a fence encroaching your land claiming it as his own and you don't take possessory action to repossess, it's his after a year. The judge doesn't care if you hold the title or not. That's why property gets confusing; at least that's the case in this neck of the woods. Lesson learned: keep an eye on your crap, but don't setup booby traps because that will just get you sued for battery. They say the law is there to protect the possessor. Oh yeah, which one? Me, the good faith owner, or the thief out to get me?
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