Title 60 — Title 60 — Property

DURATION; AMENDMENT BY COURT ACTION. A. An environmental covenant is perpetual unless it is: 1. By its terms limited to a specific duration or terminated by the occurrence of a specific event; 2. Terminated by consent pursuant to Section 10 of this act; 3. Terminated pursuant to …

DEFINITIONS As used in this act: 1. "Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include, but are not limited to, retaining or protecting natural, scenic, or open-space va…

AMENDMENT OR TERMINATION BY CONSENT. A. An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: 1. The agency; 2. The current owner of the fee simple of the real property subject to the covenant; 3. Each person that ori…

ENFORCEMENT OF ENVIRONMENTAL COVENANT. A. A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: 1. A party to the covenant; 2. The agency or, if it is not the agency, the Department of Environmental Quality; 3. An…

UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing the Uniform Environmental Covenants Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Added by Laws 2006, c. 182, § 12…

Commerce Act. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. The Uniform Environmental Covenants Act modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C., Section 7001 et seq.) but does not modify…

CREATION, CONVEYANCE, ACCEPTANCE, AND DURATION A. Except as otherwise provided in the Uniform Conservation Easement Act, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as ot…

JUDICIAL ACTIONS A. An action affecting a conservation easement may be brought by: 1. An owner of an interest in the real property burdened by the easement; 2. A holder of the easement; or 3. A person authorized by other law. B. The Uniform Conservation Easement Act does not affe…

VALIDITY A conservation easement is valid even though: 1. It is not appurtenant to an interest in real property; 2. It can be or has been assigned to another holder; 3. It is not of a character that has been recognized traditionally at common law; 4. It imposes a negative burden;…

APPLICABILITY A. The Uniform Conservation Easement Act applies to any interest created after November 1, 1999, which complies with the Uniform Conservation Easement Act, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or…

UNIFORMITY OF APPLICATION AND CONSTRUCTION This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it. Added by Laws 1999, c. 384, § 7, eff. Nov. 1, 1999.

ADDITIONAL CONSTRUCTION Unless the grantor of a conservation easement elects otherwise at the time of and in the same manner as the grant of the easement: 1. Nothing in this act shall be construed to impair the rights of a party with respect to the acquisition of rights-of-way, e…

Real or immovable property consists of: 1. Land. 2. That which is affixed to land. 3. That which is incidental or appurtenant to land. 4. That which is immovable by law. R.L.1910, § 6590.

The following land burdens or servitudes upon land may be granted and held, though not attached to land: 1. The right to pasture, and of fishing and taking game. 2. The right of seat in church. 3. The right of burial. 4. The right of taking rents and tolls. 5. The right-of-way. 6…

This act shall be known as the "Unit Ownership Estate Act." Laws 1963, c. 288, § 1.

A unit ownership estate may be created by an owner or the co- owners of a building by an express declaration of their intention to submit such property to the provisions of the act, which declaration shall be recorded in the office of the county clerk of the county in which the p…

Unless it is plainly evident from the context that a different meaning is intended, as used herein: (a) "Declaration" means the instrument, duly recorded, by which the property is submitted to the provisions of this act, as hereinafter provided, and such declaration as may be ame…

A unit ownership estate as created and defined in this act shall vest in the holder, exclusive ownership and possession; shall constitute an estate in real property which may be conveyed, encumbered, inherited, devised, or otherwise dealt with consistent with the laws of this sta…

A. Each unit owner shall be entitled to an undivided interest in the common elements in the ratio expressed in the declaration. Such ratio shall be in the approximate relation that the estimated fair value upon completion of the unit determined at the date of the declaration bear…

prohibited. The common elements, both general and limited, shall remain undivided and no unit owner shall bring any action for partition or division of any part thereof, except as specifically permitted in this Act. Any covenant to the contrary shall be null and void. Laws 1963, …

Each unit owner may use the common elements in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other unit owners. Laws 1963, c. 288, § 7.

Each unit owner shall comply strictly with the bylaws and with the administrative rules and regulations adopted pursuant thereto, as either of the same may be lawfully amended from time to time, and with the covenants, conditions and restrictions set forth in the declaration or i…

improvements. The necessary work of maintenance and repair of the common elements and the making of any additions or improvements thereto, shall be carried out only as provided in the bylaws. Laws 1963, c. 288, § 9.

The land to which an easement is attached is called the dominant tenement; the land upon which a burden or servitude is laid is called the servient tenement. R.L. 1910 Sec. 6625. R.L.1910, § 6625.

prohibited without unanimous consent. No unit owner shall do any work which would jeopardize the soundness or safety of the property or impair any easement or hereditament without in every such case the unanimous consent of all the other unit owners affected being first obtained.…

(a) While the property remains subject to this act, no lien shall arise or be effective against the property as a whole, but only against each unit ownership estate and such lien shall attach in the same manner and under the same conditions in every respect as liens or encumbranc…

Pro rata share - Exemptions. (a) Except as provided in subsection (b) of this section the unit owners are bound to contribute pro rata, in the percentages computed according to Section 505 of this title, toward the expenses of administration and of maintenance and repair of the g…

The common profits of the property shall be distributed among the unit owners in the percentages computed according to Section 5 of this Act. Laws 1963, c. 288, § 13.

The declaration creating and establishing unit ownership estates as provided in Section ;-2 502 of this ;-act title, shall be recorded and shall contain the following particulars: (a) Description of the land, (b) Description of the building, stating the number of stories and base…

A. Deeds conveying unit ownership estates shall be recorded and shall contain the following particulars: 1. The unit designation, whether contained in the original declaration, or in an amended, restated or supplementary declaration, which shall be identified by date, book and pa…

Any deed, mortgage or other instrument purporting to convey, mortgage or encumber a unit ownership estate, or an interest in a unit ownership estate, is effective only as to any unit in the unit ownership estate in which the maker of such instrument owns an interest of record at …

There shall be attached to the declaration, at the time it is filed for record, a full and exact copy of the plans of the building, which copy of plans shall be entered of record along with the declaration. Said plans shall show graphically all particulars of the building, includ…

The unit owners, by unanimous action, may remove a property from the provisions of this act by an instrument to that effect, duly recorded, provided that the holders of all liens affecting any of the units consent thereto or agree, in either case by instruments duly recorded, tha…

The removal provided for in the preceding section shall in no way bar the subsequent resubmission of the property to the provisions of this act. Laws 1963, c. 288, § 18.

A. The administration of every property shall be governed by bylaws, a true copy of which shall be annexed to the declaration and to the first deed of each unit. The bylaws may be detached from the deed prior to recording if the bylaws are filed of record and described on said de…

A servitude can be created only by one who has a vested estate in the servient tenement. R.L. 1910 Sec. 6626. R.L.1910, § 6626.

The bylaws must necessarily provide for at least the following:(a) Form o manner of removal and, where proper, the compensation therefor. (b) Method calling or summoning the unit owners to assemble; that a majority of unit owners, as defined in Section 3(n) of this act, is requir…

expenditures. The administrator, or the board of administration, or other form of administration specified in the bylaws, shall keep a book with a detailed account, in chronological order, of the receipts and expenditures affecting the common elements specifying and itemizing the…

The laws relating to homestead exemption from taxes by a political subdivision of this state and the laws relative to homestead exemption from attachment, execution, or other forced sale shall be applicable to a unit ownership estate with the same force and effect as they are now…

- Liability. Each unit, together with its proportionate interest in the common elements, shall constitute a separate and distinct unit for the purpose of assessment of taxes, special assessments, and other charges which may be lawfully assessed against owners of real property, an…

Enforcement. (a) All sums assessed by the council of unit owners for the share of the common expenses chargeable to any unit which sums remain unpaid shall constitute a lien on such unit prior to all other liens except the following: 1. Assessments, liens, and charges for taxes p…

unpaid common expenses. The grantee of a unit shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for his proportionate share of the common expenses up to the time of the grant or conveyance, without prejudice to the grantee's righ…

The unit owners may, upon resolution of a majority, insure the property against risks, without prejudice to the right of each unit owner to insure his unit on his own account and for his own benefit. The premiums for such insurance on the property shall be deemed common expenses …

Deficiency assessments - Distribution of funds. Except as hereinafter provided, damage to or destruction of the building shall be promptly repaired and restored by the manager or board of managers, using the proceeds of insurance, if any, on the building for that purpose, and the…

Ninety percent (90%) of the unit owners computed on the basis set forth in Section 503 of this title may agree that the property is obsolete in whole or in part and whether or not the same shall be renewed and restored or the property sold and the proceeds of sale distributed. If…

Actions may be brought on behalf of two or more of the unit owners, as their respective interests may appear, by the manager or board of managers, with respect to any cause of action relating to the common elements or more than one unit. Service of process on two or more unit own…

A servitude thereon cannot be held by the owner of the servient tenement. R.L. 1910, § 6627.

(a) All unit owners, tenants of such owners, employees of owners and tenants, or any other persons that may in any manner use property or any part thereof submitted to the provisions of this act, shall be subject to this act and to the declaration and bylaws of the council of uni…

The extent of a servitude is determined by the terms of the grant, or the nature of the enjoyment by which it was acquired. R.L. 1910 Sec. 6628. R.L.1910, § 6628.

In case of partition of the dominant tenement, the burden must be apportioned according to the division of the dominant tenement, but not in such a way as to increase the burden upon the servient tenement. R.L. 1910 Sec. 6629. R.L.1910, § 6629.