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Louisiana Land Use & Zoning Questions & Answers
1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Land Use & Zoning for Louisiana on
Q: What steps do we take in getting my father's & aunt's portion of their inheritance?

My father and his 2 siblings (a sister and a brother) have just obtained a judgement of possession on a property that was their parents. My father's brother lives on the property and feels as though he should be allowed to continue living there and not have to buy out my father nor my aunt. My... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 26, 2024

If the co-owners or property cannot get along and/or disagree with the use of the property, then one can go to Court and force a sale of the property ----I would suggest that you contact an attorney in your area to consult as to the process for doing this. Good luck.

1 Answer | Asked in Civil Litigation and Land Use & Zoning for Louisiana on
Q: What does this mean in La.R. S. 48:491 D.

What does the last sentence of this mean ? D. Notwithstanding any other provisions of law to the contrary, any road or street used by the public is a public road or street provided it is designated as such by the local governing authority, and it shall be within the discretion of the... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 9, 2024

More context is needed or we are guessing what information you are exactly seeking, however, my guess is that the local governing authority has a map and/or a list of roads/streeets it identifies as public----and all are public roads with the exception being if any of those roads identified--or... View More

1 Answer | Asked in Land Use & Zoning for Louisiana on
Q: Can I lease a section of my land to a business that moved behind us who wants to have an easement?

This land is residential land. We used it for collateral to take out a construction loan to build our house which is also on the land. We own the land outright but used for collateral on loan.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 13, 2024

More information is needed to provide you an answer-----what is the purpose of the easement and is that purpose allowed?

1 Answer | Asked in Civil Litigation, Contracts and Land Use & Zoning for Louisiana on
Q: how do one buy a community land without the fear of be dupe
Jason Thomas Olivier
Jason Thomas Olivier
answered on Mar 10, 2024

I am sorry but we need more information to be able to assist you. What is "community land" and have you been dupe before? In what way?

1 Answer | Asked in Land Use & Zoning and Tax Law for Louisiana on
Q: My neighbor has paid my property taxes before I can even within the time frame What recourse do I have
James L. Arrasmith
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answered on Dec 25, 2023

In Louisiana, if your neighbor pays your property taxes, it's essential to understand the implications of this action. Generally, paying someone else's property taxes can lead to a claim of interest in the property, especially if this continues over a period of time.

Your first...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Louisiana on
Q: How do you enforce restrictions in a subdivision
Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 21, 2022

You need to review your subdivision's governing documents and see what those documents say as to how to enforce subdivision restrictions---most of the time it says a property owner or the HOA (or even sometimes an interested party) can file the suit. Another thing you want to review and... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Louisiana on
Q: My neighbor has encroached about 1/4 acre of my property. What do I do?

We do not know how to approach them with this. Their carport and all of their yard on the side of their house is my property. Do I offer to sell? Do I need to go ahead and file charges for trespassing? We do have no trespassing signs.

Anthony M. Avery
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answered on Aug 16, 2022

That appears to be a Boundary Dispute. Hire a LA attorney to search both adjoining owners titles. The common boundary may need a Survey, where the Surveyor would be your prospective witness. Then file suit to Determine the Boundary. This is difficult and expensive, but if you do nothing, you... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Louisiana on
Q: I recently received property from an act of donation

Is the property fully mine now or does the person who donated still have any legal rights?

I looked at the clerk of courts office page online and it’s listed as the person being the vender and me the vendee? So does that mean it’s not mine and the person still legally owns the place?... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 6, 2022

One would need to review the donation document to better answer, however assuming that the donation was properly prepared and executed and that donor owned 100% of the property and transferred (donated) 100% of his interest, then yes, it would be fully yours. I am not sure what you mean by deed,... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Louisiana on
Q: If the property owner dies without owing property taxes,heirs aren't notified of future delinquencies, city sell propert

Property sold at the ax lien sale, can anything be done about this?

Anthony M. Avery
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answered on May 20, 2022

There should be a Redemption period, but it may have already run. Contact a LA attorney today with the exact facts to see if the Heirs can get the property back.

1 Answer | Asked in Public Benefits and Land Use & Zoning for Louisiana on
Q: My HOA sent a letter stating a fence must be erected however my fence was destroyed due Hurricane Laura what can i do

We’re going to erect a fence but repairs are still in progress. However the restrictive covenants was sent stating the restrictions may be enforced by mandatory and prohibitory injunctions by any owner whose land is affected by the restrictions

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 1, 2022

If possible, I would suggest that you hire an attorney to act on your behalf to contact the Board or property management company and explain your situation (which they are most likely aware) and a timeline for you to have the fence erected and see if this resolves things. Your attorney would also... View More

2 Answers | Asked in Land Use & Zoning, Animal / Dog Law and Wrongful Death for Louisiana on
Q: My neighbor fatally shot my ratterrier with a bow and arrow through my fenced in backyard. What can I do

I want this man to be brought to justice! I am seeking any and all advice and info on where, who, and/or what all I can and should do! What my options are and what other actions I could do legally through other types of departments, organizations, platforms, anything...

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 20, 2021

File a criminal complaint if this psycho shot a deadly weapon through your fence. Then file a civil suit against him with the justice of the peace for vet bills, the price you paid to buy, license, vaccinate, groom, bathe, and feed the dog every year. In other words attach a spread sheet.

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1 Answer | Asked in Civil Litigation and Land Use & Zoning for Louisiana on
Q: Is a drive way into a commercial place considered a private driveway
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 18, 2021

If it is on private property and not a state road, it is a private driveway.

1 Answer | Asked in Civil Litigation, Land Use & Zoning and Real Estate Law for Louisiana on
Q: Can you put up land for collateral if you own the majority of it, and another sibling owns a small percentage?
Anthony M. Avery
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answered on May 1, 2021

It is possible but few lenders would be willing to loan against such defective collateral. The borrowers might see if they can borrow enough money to buy out the non-borrower's interest in the real property. The loan, note, deed, and security instrument can all be executed in one closing.

1 Answer | Asked in Energy, Oil and Gas, Estate Planning, Land Use & Zoning and Real Estate Law for Louisiana on
Q: I’m Purchasing Real Estate and Seller wants to keep the mineral rights. How many years that they can keep them

What steps must the purchaser take to recover the Mineral Rights from the seller

Nina Whitehurst
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answered on Jan 9, 2021

Usually when a seller reserves mineral rights, they reserve them forever. You might think about negotiating a lower price because you will be getting less than you originally expected, or say no to the reservation of mineral rights, or say yes to only a partial reservation.

1 Answer | Asked in Civil Rights, Divorce, Family Law and Land Use & Zoning for Louisiana on
Q: can i take possession of my house during a separation if the mortgage was in my name before marriage? Louisiana

i have 50/50 custody of children. It was also decreed that i have the right to fair market rental value in the separation orders. I have paid the mortgage for 6months of the separation and i would like to evict her to make her go find a new home. i would like to give her 60 days or 90 days to find... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 26, 2019

Mortgage is irrelevant. Your attorney needs to press for partition of community property to get her evicted.

1 Answer | Asked in Land Use & Zoning for Louisiana on
Q: Can I include in my last will and testament, that the property being bequeath not be sold
Christie Tournet
Christie Tournet
answered on Oct 23, 2019

The only way to "control from the grave" and proscribe a beneficiary from selling/doing as they wish with a bequest, is via sanctioned restrictions: either divide ownership among usufruct and naked ownership, or it has to be put in a Trust. Best of luck.

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Land Use & Zoning for Louisiana on
Q: Is there a law in Louisiana that prohibits felons from owning property

My son has 5 felonies and we jointly own a house 50/50. He'll go to jail and stay anywhere from 7 months to 36 months and each time he comes back to my home(his house) he destroys it a little bit more. This time he tried to burn it down around his 86 yr old grandfather and myself. I'm... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 17, 2019

Felons can own property. You can buy him out.

1 Answer | Asked in Real Estate Law, Environmental, Land Use & Zoning and Municipal Law for Louisiana on
Q: Do I have any recourse or a case?

During heavy rains, the small storm drain in front of my house gets overwhelmed and water backs up indoors. The city cleaned ditches for me once; the next time I contacted them they ignored me. This is not a flood zone at all. This is a miserable situation. Is the city responsible? If not, who? I... View More

Tim Akpinar
Tim Akpinar
answered on Jul 21, 2019

One option you could try is to contact a member of your local government for your district, maybe a city council member or someone along those lines. If the situation you describe is something that other residents in the vicinity are also experiencing, it's possible that an elected official... View More

1 Answer | Asked in Criminal Law and Land Use & Zoning for Louisiana on
Q: Is living in your vehicle legal in Louisiana?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 9, 2019

No that violates municipal statutes.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Louisiana on
Q: How do we keep neighbors from squatting on land we recently purchased?

We bought 2 acres in St Tammany Parish, LA about 2 yrs ago that the neighbors have “helped themselves” to for several years prior. We can’t keep them off the property (their driveway crosses the property line, they dug a pond that is 80% on our land, and their trampoline and swing set are on... View More

Christie Tournet
Christie Tournet
answered on Jun 27, 2018

If your deed and survey show that you own within certain bounds, you can have an attorney send a formal demand, failing which you could also try to file a report of trespass with law enforcement. If the neighbors continue to resist those efforts, you will have no other option than to file suit - a... View More

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