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Real Obligation

A legal obligation associated with real property.

A legal obligation linked to or attached upon real property.

The Louisiana Civil Code, 2009, at §1763:

"A real obligation is a duty correlative and incidental to a real right."

A mortgage is the most frequently used example of a real obligation but so, too, is a servitude (easement).

French: obligation immobilière.

REFERENCES:

  • Duhaime, Lloyd, Civil Law Dictionary 
  • Litvinoff, S., Louisiana Civil Law Treatise, Volume 5, "The Law of Obligations", 2nd Ed. (WestGroup, 2001), page 45-46.
  • Louisiana Laws, Civil Code

 

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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