Louisiana Land Use & Zoning Questions & Answers

Q: How do we keep neighbors from squatting on land we recently purchased?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Louisiana on
Answered on Jun 27, 2018
Christie Tournet's answer
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 Petitory action - meaning you claim to be owner and another party is possessing part of the land you own. To prevail, you will need to show that you have better/best title to the area at issue. So,...

Q: In Livingston Parish, if I paid the property taxes on family owned land, can I claim that land and put in my name?

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Louisiana on
Answered on May 21, 2018
Christie Tournet's answer
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 "family land," most often people use that phrase when there are multiple owners, some of which cannot be found. Those situations make a succession or an adverse possession suit almost impossible, as you must...

Q: If my lanlord doesnt fix rodent problem floor damange roof leakage in my home do i have the right to break my lease

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Louisiana on
Answered on Dec 29, 2017
Christie Tournet's answer
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 vices were waived in the lease.

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

1 Answer | Asked in Land Use & Zoning and Probate for Louisiana on
Answered on Dec 26, 2017
Christie Tournet's answer
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 their name.

Q: Neighbor is running a auto mechanic shop on a residential zoned lot. Sub div covenants prohibit it. What action?

1 Answer | Asked in Land Use & Zoning for Louisiana on
Answered on Oct 26, 2017
Christie Tournet's answer
If it is rural, you may not have a property management company enforcing the restrictions. If that is the case, you may still be able to rely upon municipal/parish zoning. If the neighbor is running a business, with traffic, out of a residence, zoning/code enforcement may be able to put a stop to it. Ultimately, if you have evidence that potential buyers become disinterested in the home due to the traffic,you may also have the ability to send a personal cease and desist (showing the shop...

Q: I am interested in obtaining a lease on a "land locked" parcel of land (A).

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Louisiana on
Answered on Sep 18, 2017
Christie Tournet's answer
I would not assume that a utility servitude should equate to access and the servitude is likely only in favor or the utility company. Pull the land record granting the servitude to confirm its extent and also attempt to contact the owner of parcel B to see what, if anything, you can work out for access - confirmed in writing -- prior to leasing.

Q: Entergy cut down 2 of my trees on my property without my consent. Should they have obtained my consent prior to cutting?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Louisiana on
Answered on Jul 18, 2017
Christie Tournet's answer
Normally, yes. Funny to see this question pop up, as Investigative Journalist, Lee Zurik, just did a piece on a Parish Government doing something similar (Plaquemines, I believe). Caveats come into play, if there is a prior servitude in Entergy's favor, if a survey actually designates the tree as outside of your property line, or if there was local government involvement and there was some dire, "public need" for removal. But, in that last scenario, the local government should 1) hopefully,...

Q: If you build a home in a rural area are there requirements for your water and power sources?

1 Answer | Asked in Land Use & Zoning for Louisiana on
Answered on May 5, 2017
Christie Tournet's answer
Your permitting department should be able to shed light on this inquiry for you. While the city or parish may not necessarily require that you use a specific source, you will find out if water is provided by the city/parish, or if you need a well and septic tank. Then, if that is the case, you can usually obtain estimates from different providers. As to power, that is usually more limited and again, the permitting/zoning department can usually point you to the right provider. Good luck.

Q: How much would denied inheritance cost? Where do one even began the research or who shall one contact?

1 Answer | Asked in Estate Planning, Civil Rights, Energy, Oil and Gas and Land Use & Zoning for Louisiana on
Answered on Apr 26, 2017
Douglas Lee Bryan's answer
I would suggest you speak with an attorney as soon as possible. Time delays may apply to limit how far back you can go to collect your father's portion of the royalties. In other words, the longer you wait, the less you may be able to receive in past royalties. As far as cost, attorneys can be creative in how they charge to make their representation affordable to you, including charging a percentage of the recovery, billing hourly, or a combination of the two. Give me a call, and I'll be...

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