Louisiana Civil Code 721 – Servitude on mortgaged property.
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Terms Used In Louisiana Civil Code 721
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
A predial servitude may be established on mortgaged property. If the servitude diminishes the value of the estate to the substantial detriment of the mortgagee, he may demand immediate payment of the debt.
If there is a sale for the enforcement of the mortgage the property is sold free of all servitudes established after the mortgage. In such a case, the acquirer of the servitude has an action for the restitution of its value against the owner who established it.
Acts 1977, No. 514, §1.