Key Takeaways
- Immovable property includes land, buildings, and things attached to land
- Movable property is everything that is not immovable
- Transfers of immovables require authentic act or acknowledged signature
- Component parts of immovables are treated as immovable
- Rights to immovable property (like usufruct) are incorporeal immovables
Property Classifications in Louisiana
Understanding property classification is essential for Louisiana notaries because different types of property have different documentation requirements.
Two Main Categories
Immovable Property (Immovables)
| Category | Examples |
|---|---|
| Land | Tracts, lots, parcels |
| Buildings | Houses, commercial structures |
| Standing Timber | Trees before cutting |
| Growing Crops | Unharvested crops |
| Component Parts | Things permanently attached |
| Incorporeal Immovables | Rights in immovable property |
Movable Property (Movables)
| Category | Examples |
|---|---|
| Corporeal Movables | Vehicles, furniture, equipment |
| Incorporeal Movables | Stocks, bonds, bank accounts |
| Harvested Crops | Crops after severance |
| Cut Timber | Timber after cutting |
| Intellectual Property | Patents, copyrights |
Component Parts
Things permanently attached to immovables are treated as immovable:
| Test | Question |
|---|---|
| Physical | Is it attached to the land/building? |
| Intended Use | Was it installed for permanent use? |
| Owner's Intent | Did owner intend permanent attachment? |
Examples of Component Parts
- HVAC systems
- Built-in appliances
- Plumbing fixtures
- Electrical systems
- Fences and walls
Incorporeal Immovables
Rights in immovable property are themselves immovable:
| Right | Description |
|---|---|
| Usufruct | Right to use and enjoy property |
| Servitude | Right to use another's land |
| Mineral Rights | Oil, gas, mineral interests |
| Lease Rights | Commercial lease interests |
Transfer Requirements
| Property Type | Required Form |
|---|---|
| Immovables | Authentic act OR act under private signature duly acknowledged |
| Movables | Generally no formality required |
| Vehicles | Title transfer requirements |
Louisiana Civil Code Article 1839
"A transfer of immovable property must be made by authentic act or by act under private signature."
For practical purposes, the authentic act is strongly preferred because:
- Self-proving in court
- Clear chain of title
- Lender requirements
- Title insurance standards
Effect Against Third Parties
| Requirement | Purpose |
|---|---|
| Recording | Establishes rights against third parties |
| Parish | Record in parish where property is located |
| Timing | Rights effective from time of filing |
An instrument involving immovable property shall have effect against third persons only from the time it is filed for registry in the parish where the property is located.
On the Exam
- Immovables: Land, buildings, component parts
- Movables: Everything else
- Transfer form: Authentic act or acknowledged signature
- Recording: Required for effect against third parties
Under Louisiana law, a transfer of immovable property must be made by:
When does an instrument involving immovable property have effect against third parties in Louisiana?