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Louisiana Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Louisiana on
Q: Can I have a right of passage that is on my property dissolved if the property to access is not landlocked?

Land behind my home is for someone else and his right of way is on my driveway. He has two other passages to get to his land. Can the right of way on my land be dissolved?

Anthony M. Avery
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answered on Sep 25, 2023

No... But contact a LA attorney to examine both titles and determine exact easements of record. You might terminate easement, but you will probably be sued.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: CAN A SIGNED GENERAL WARRANTY DEED THAT IS SIGNED AND NOTERIZED BE CHANGED WITHOUT BUYER AGREEING TO IT?

I AM THE BUYER AND PAYMENTS HAVE BEEN MADE ON TIME FROM BEGINNING AND TAXES PAID REGULARLY// SELLER HAS SENT A NEW CONTRACT INCREASING THE INTREST W/RAISED THE PAYMENT AND ADDED 50,000 TO THE ORIGONAL PAYOFF.

Anthony M. Avery
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answered on Sep 21, 2023

Has a Deed been executed and recorded with you as the owner or not? If not, then you do not own anything but probably a contractual right, which the seller might try to modify. Just because you have paid out monies does not make you the titled owner. Hire a competent LA attorney for advice.

1 Answer | Asked in Real Estate Law and Probate for Louisiana on
Q: My grandma was left a section of land in 1977 but she had no idea the man left it to her in a Deed is she able to get it
Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 7, 2023

It is possible, however not enough information is provided, and anyone providing you with an intelligent answer will want and need to do some research, including a review of the public record, before providing you with an answer---my suggestion is that you contact a real estate lawyer and/or a... View More

2 Answers | Asked in Real Estate Law for Louisiana on
Q: i need advise on issues arising from land

i bought land over 12 years ago with the building where I recently live and recently i was told there was a case on the land and judgment was given to another family.... whats the implication and how do I protect my right of ownership.

T. Augustus Claus
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answered on Sep 1, 2023

In a situation where you've been informed of a land dispute and a judgment has been awarded to another family regarding the land you purchased over 12 years ago, it's essential to take swift and decisive action to protect your ownership rights. First, gather and carefully review all... View More

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1 Answer | Asked in Divorce and Real Estate Law for Louisiana on
Q: If one party fully transfer ownership to the other party can they sell the property? .

Ex-husband acquired property before we were married. We terminate our community property and enter into a regime of separation of property before a lawyer and signed paperwork.. Ex-Husband signed and agreed to bargain, convey, sell, waive, and deliver property in full ownership to me. The home... View More

Anthony M. Avery
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answered on Aug 2, 2023

Did he execute a Deed of his interest to you? If not, he still owns an interest, which could possibly be mortgaged or executed upon.

1 Answer | Asked in Personal Injury and Real Estate Law for Louisiana on
Q: Do I have to give money to my deceased dads girlfriend from a law suit that I am a beneficiary of?

She already got a third of everything else, bank accounts investment and house

I told him I would but changed my mind after finding she’s already dating. She 36 and he was 83. No doubt why she got with him

I sent her a text about receiving a check and that I was sending it. But... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 30, 2023

More information is needed on this but unless you are legally obligated and/or required to give an amount to your dad's girlfriend, then you do not have to do so. If yoou are uncertain, consider talking to your lawyer in the lawsuit in which you are receiving a check, or if you are not... View More

2 Answers | Asked in Appeals / Appellate Law, Real Estate Law and Legal Malpractice for Louisiana on
Q: Almost a year ago, we lost a case in Federal Court because my attorney provided no evidence in support of our case.

We lost the case in federal court, attempting to get the donation of the family home made over, turned based on undue influence and secondarily on lack of subsistence. I provided our attorney with a 5 inch deck binder with copies of text messages, phone bills, bank statements, written statements,... View More

John Michael Frick
John Michael Frick
answered on Apr 12, 2023

No. Your remedy now is to sue your former attorney.

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1 Answer | Asked in Real Estate Law and Constitutional Law for Louisiana on
Q: I live in Louisiana. My mother died in 2008. My dad, wants to sell the land. Can he sell the land without our authority?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 11, 2023

There's not enough information to know what your actual question is. That said, if your Mother is a partial (or sole) owner of the land, then the land cannot be transferred without a succession (in Louisiana) or probate (in another state) being opened and either the legal proceeding... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Military Law and Social Security for Louisiana on
Q: Need ask for assistance preparing a will
Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 24, 2023

I recommend that you consult and have a lawyer prepare your will. You want a will so that your the distribution of your estate is as you desire and an estate planning or wills lawyer is the best person to accomplish this----please use the Justia Find a Lawyer tab and search for estate planning... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Louisiana on
Q: Arabic speaking lawyer in Baton Rouge
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 13, 2023

Call the Baton Rouge Bar Association (225-344-4803) or the Louisiana State Bar Association (800-421-5722) and ask if they can provide you with contact information for the type of lawyer you are seeking. Good luck.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: My wife has a judgment on just her name... i inherited family property and she waived all rights to it on deed.

If i want to sell the property will her judgment block it ?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 4, 2022

Based on your post, no.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: My wife died in Feb 2022 and left property to me and 2 adult children that I have usufruct (no will) of. I want to sell

the home and vehicles I have, one under her name and one under mine. My son may not want to release it. I wanted to attach the usufruct to this home as I am using it for the down payment on a new home. Is there any act of donation I can sign at the signing of the new home? Advice is appreciated.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 18, 2022

Was a succession completed? If so, perhaps you can consult with the attorney who handled the succession and discuss your questions/concerns. If not, then I highly encourage you to seek a specific consult with an attorney in your area---you have options but the options may be different for the... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: If an offer of a free piece of land is made and accepted through Facebook marketplace is it a legally binding contract?

I recently made an offer on a piece of real estate through Facebook messenger. The conversation quickly turned hostile on his end but, eventually, the seller offered the land for free and I accepted. I am wondering if this is considered a legal contract. I, the buyer, am in louisiana and the seller... View More

Anthony M. Avery
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answered on Oct 17, 2022

Without the passing of consideration, there is no contract. There are many reasons that you cannot enforce the alleged contract such as the Statute of Frauds. No Court will entertain such a suit, and it might be a scam against you.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: Can an HOA restrict you from renting your single family home or even renting a room in your single family home?

If they can - what would their legal remedy be?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 5, 2022

It depends on whether or not your subdivision's governing documents prevent rentals.

1 Answer | Asked in Personal Injury, Civil Litigation, Landlord - Tenant and Real Estate Law for Louisiana on
Q: Hellos is it legal for our rent to own landlord to have us sign that we waive our rights if there was mold here

Black Mold found after signing lease

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2022

A Louisiana attorney could advise best, but your question remains open for a week. Until you speak with a local attorney, many courts nationwide do not look kindly on the idea of waiving liability for injury in general. It could depend on how a waiver was written. Good luck

1 Answer | Asked in Tax Law and Real Estate Law for Louisiana on
Q: I have a property I would like to purchase but is having a hard time getting the tax sale purchase to sale

At the time of the auction the owner had died and her heirs wasn't aware of the sale but is willing to sale to me but can't because the tax sale has 100% but hasn't quiet the title.I have offered him cash and still won't sale he doesn't live in state and the property is now... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 27, 2022

If this property is in Louisiana and you are not in Louisiana and this property is going up for a tax sale, then I strongly recommend that you contact and hire a Louisiana real estate attorney practicing in the local jurisdiction where the tax sale is being held so that you can make sure that all... View More

1 Answer | Asked in Contracts, Real Estate Law, Banking and Collections for Louisiana on
Q: I'd I owe a credit card company money and I sell my house does the title company have to pay the debt off before me?
Anthony M. Avery
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answered on Sep 21, 2022

The title company's job is to clear your title prior to the conveyance. If there is no judgment lien prior to closing, it may not get paid and released. Then the creditor would probably try to collect from your bank.

1 Answer | Asked in Contracts and Real Estate Law for Louisiana on
Q: Would the children of deceased parent be responsible for 5k lien against her 90k house?

Succession is complete. House is in children names.

Loan was for pool in Aug 2016. Lien was put on house at same time. Price of pool $10,655.54. Down-payment of $5,000. Oringinal principal financed $5,655.54.Payments totaled $7,701.49. Remaining principal balance when she passed in Feb.... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 20, 2022

Did you have an attorney involved in the succession? If so, please speak to the attorney about this. If the lien was not resolved through the succession , then the property was transferred subject to the lien so if at the the time the house sales there is a valid lien, then the lien must be... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: I am looking for property to buy only have about 30,000 but don't know what steps to take ..do I need a realtor
Anthony M. Avery
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answered on Sep 15, 2022

Find the property yourself or call a realtor. But before signing a contract, hire an attorney to search the title and check it out. Many times it is better to walk away than get stuck .

1 Answer | Asked in Real Estate Law for Louisiana on
Q: forced sale of prop. by 2 heirs all defendants were included now paperwork says 3 indiv. will be addressed later why?

It was my grandparents' home in Louisiana, two siblings sued their 2 remaining siblings and the heirs of their deceased siblings. Originally all the defendants were named as being" sued to force a sale...We received the final judgment to force the sale however now the defendants with the... View More

Anthony M. Avery
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answered on Aug 31, 2022

The Court must determine Title, and apparently it has found another Tenant In Common. There will be further Orders from the Court after the Sale concerning Confirming the Sale, Authorizing the Conveyance, and Disbursing the net proceeds, etc. Apparently all Heirs were not originally joined.

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