Property Ownership
The 'right of passage' (servitude de passage) may be created in Louisiana by necessity when:
AA property owner wants a shorter route to work
BA property owner's land is completely enclosed (landlocked) with no access to a public road, creating a natural right of passage over adjacent properties✓ Correct
CThe owner has a valid mortgage on the property
DA development requires multiple access points
Explanation
Louisiana Civil Code (Art. 689) provides that an enclosed (landlocked) estate owner has the right to claim a passage over neighboring estates to access a public road — the servitude is compelled by necessity and requires payment of compensation to the servient estate owner.
People Also Study
Related Louisiana Questions
- A Louisiana property owner grants a servitude of passage to their neighbor's property. For this predial servitude to be binding on subsequent buyers of the servient estate, it must be:Escrow & Title
- A Louisiana property owner dedicates land to the public for use as a road. This is an example of:Property Ownership
- Louisiana's Mineral Code provides that a mineral servitude prescribes (expires) if minerals are not being produced or worked within:Property Ownership
- In Louisiana, the owner of a dominant estate has a right to use the servient estate for the specified purpose. The owner of the servient estate:Property Ownership
- A Louisiana farmer grants a neighbor the right to cross their property to reach a public road. This right, attached to the neighbor's land, is an example of a:Property Ownership
- A Louisiana lender requires a minimum down payment of 5% on a $225,000 purchase. The minimum down payment is:Real Estate Math
- The Louisiana Real Estate Commission's website publishes a list of licensed real estate brokers and salespersons. This provides the public with:Louisiana License Law
- In Louisiana, a property manager's fiduciary duty to the property owner requires them to put the owner's financial interests first, which means they should NOT:Property Management
Key Terms to Know
Easement
A non-possessory right to use another person's land for a specific purpose.
LienA financial claim against a property that serves as security for a debt or obligation, giving the creditor the right to foreclose if unpaid.
Joint TenancyCo-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.
Tenancy in CommonCo-ownership where two or more people hold undivided interests that need not be equal and pass to each owner's heirs — no right of survivorship.
Study This Topic
Practice More Louisiana Real Estate Questions
1,500+ questions covering all exam topics. Start free — no signup required.
Take the Free Louisiana Quiz →