Key Takeaways

  • Louisiana uses civil law property concepts different from common law states
  • Usufruct is similar to a life estate in common law
  • Forced heirship protects children's inheritance rights in Louisiana
  • Community property rules apply to married couples in Louisiana
  • Property boundaries and surveys are governed by Louisiana civil code
Last updated: January 2026

Louisiana Property Ownership

Louisiana's civil law system creates unique property ownership rules that differ significantly from common law states.

Types of Property Ownership

Individual Ownership

One person owns full ownership (dominium) of the property.

Community Property

Louisiana is a community property state:

Property TypeDescription
Community propertyProperty acquired during marriage
Separate propertyProperty owned before marriage, inherited, or gifted

Community Property Rules

RuleApplication
Equal ownershipSpouses own community property equally
ManagementEither spouse can manage community property
DispositionBoth spouses must consent to sell immovables
DivisionDivided equally upon divorce

Important: Both spouses must sign to sell community property!

Co-Ownership (Indivision)

When multiple people own property together:

ConceptDescription
IndivisionLouisiana term for co-ownership
Equal shares presumedUnless otherwise specified
Right to partitionCo-owners can force division or sale

Usufruct (Similar to Life Estate)

Usufruct is a Louisiana civil law concept similar to a life estate:

ElementDescription
UsufructuaryPerson with right to use property
Naked ownerPerson who owns property subject to usufruct
DurationUsually for life of usufructuary
RightsUse property and receive income/fruits
LimitationsCannot damage or destroy the property

Common Usufruct Situations

  • Surviving spouse has usufruct of deceased spouse's share
  • Parent grants usufruct to child while retaining ownership
  • Estate planning to avoid probate

Forced Heirship

Forced heirship protects children's inheritance rights:

Forced HeirsConditions
Children under 24All children under age 24
Children of any ageIf permanently incapable of caring for themselves

Forced Portion (Legitime)

Number of Forced HeirsForced Portion
1 forced heir25% of estate
2 or more forced heirs50% of estate

Example: A parent with two children under 24 must leave at least 50% of their estate to those children.

Servitudes (Easements)

Louisiana uses servitudes instead of "easements":

TypeDescription
Personal servitudeBenefits a specific person (like usufruct)
Predial servitudeBenefits a dominant estate

Common Servitudes

ServitudePurpose
Right of passageAccess across another's property
ViewLight and air rights
DrainageWater runoff
SupportBuilding support

Property Boundaries and Surveys

Louisiana civil code governs property boundaries:

Boundary Disputes

ConceptDescription
Boundary actionLegal action to establish property lines
PrescriptionAcquiring property rights through possession
10-year prescriptionGood faith, just title
30-year prescriptionPossession without title

Encroachments

RuleApplication
Bad faithEncroacher must remove structure
Good faithNegotiations may allow structure to remain
CompensationPayment may be required

Successions (Inheritance)

Louisiana uses successions for estate transfers:

TermMeaning
SuccessionThe transfer of property at death
IntestateDying without a will
TestateDying with a will
Forced heirsMust receive forced portion

Order of Inheritance (Intestate)

  1. Children and descendants
  2. Surviving spouse (community property share)
  3. Parents, siblings
  4. More remote relatives
  5. State (if no heirs)

Mineral Rights

Louisiana has significant mineral rights law:

ConceptDescription
Mineral rightsCan be severed from surface
Mineral leaseGrants extraction rights
RoyaltiesPayments to mineral owner
PrescriptionRights expire if unused (10 years)

Note: In many Louisiana transactions, mineral rights are specifically addressed due to oil and gas resources.

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Louisiana Property Ownership Concepts
Test Your Knowledge

In Louisiana, what is "usufruct"?

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Test Your Knowledge

Under Louisiana's forced heirship laws, what portion of an estate must be left to two or more forced heirs?

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Test Your Knowledge

In a Louisiana community property situation, what is required to sell immovable property acquired during marriage?

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