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Louisiana Land Use & Zoning Questions & Answers
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 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 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

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Louisiana on
Q: In Livingston Parish, if I paid the property taxes on family owned land, can I claim that land and put in my name?
Christie Tournet
Christie Tournet
answered on May 21, 2018

No. Under Louisiana law, property is conveyed only in 1 of 3 ways: by a deed (if someone is still alive), by succession (either by Will, or default state law for distribution of one's estate), or by adverse possession (owning as owner for a certain time period). If you are talking about... View More

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Louisiana on
Q: If my lanlord doesnt fix rodent problem floor damange roof leakage in my home do i have the right to break my lease

We contacted her constantly about it but she makes up excuses we ca here the rodents at night tearing through the walls they jumped on our beds what should i do also my grandchild is almost due

Christie Tournet
Christie Tournet
answered on Dec 29, 2017

Yes. You should always put issue in writing, give a reasonable notice to cure (or time delay provided in the written lease, if one), and if problem goes unfixed, then the Lessor has breached its duty. Lessor also has duty to provide safe, healthy environment, even if other warranties against... View More

1 Answer | Asked in Land Use & Zoning and Probate for Louisiana on
Q: My husband’s grandmother passed away and on her will the land she owns goes to her 3 children . One of her 3 children’s

Son has power of attorney . He gave an easement to the neighbor of the land to use the property (fishing) and land maintenance but one of the other co-owners disagree . Since an easement was granted can the other owner who contest forbid the neighbor from entering the property

Christie Tournet
Christie Tournet
answered on Dec 26, 2017

When someone passes away, a power of attorney is no longer effective. The Will controls and all three children of the deceased will subsequently own, as long as all accept the succession. The children need to open succession to effect the change in title from the deceased person's name to... View More

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