Many people think that if they make a will, the administration of their property after death will go smoothly, with no questions asked. This is not always the case. A Louisiana case out of Jefferson Parish dealt with one of these precarious situations. After her husband, Anthony’s sudden death in…
Articles Posted in Property
Does Your Contract to Build a New Home Allow For a Negligence Claim?
Could your contract to build a new home prevent you from bringing a negligence claim if there is negligent conduct? While stressful, at the end of the day, buying and building a new home should be a positive thing that improves quality of life. When Glenn and Sandra Wilson designed…
Sale of Flood-Damaged Rosepine Home Leads to Nightmare for Buyer
Buying property in “as is” condition can pose a substantial risk to the purchaser of the property. An “as is” sale means that once the sale is closed, the buyer has extremely limited recourse against the seller for any problems that might be later discovered with the property. Remorseful buyers…
Dispute Over Mobile Home in Violation of Restrictions in DeSoto Parish
Land within subdivisions is often subject to various restrictions. It is important to know and follow these restrictions to avoid potential legal action. The following case in Desoto parish discusses some of the legal implications of neighborhood subdivision restrictions in Louisiana. The plaintiffs, Roy L. Flippo and Robert C. Treadway…
Lafayette Area Family Who Purchased an Allegedly Defective Home Has Appeal Dismissed But Allowed to Apply for Supervisory Writ
There are times when a Trial Court may issue partial judgments that are non-appealable. But this does not always mean the lawsuit is over. When this happens it is important to have an excellent attorney to navigate the complex procedural processes to allow a party to reach the stage where…
The Canal Won’t Save You: Louisiana Waterway not Acceptable Passageway for Enclosed Estates, Part 2
This is a continuation of a previous post on the “DE Property,” an enclosed estate in St. Martin Parish. Where there is an enclosed estate, which is a property that cannot get to a public road, Louisiana law allows the owner of the estate to force an adjoining property owner…
The Canal Won’t Save You: Louisiana Waterway not Acceptable Passageway for Enclosed Estates, Part 1
Imagine your property surrounded by land and water on all sides. Imagine that this land and water do not belong to you. To get to your own property, you use a wood trail, and you have used this trail regularly for four decades. But one day the surrounding land is…
Louisiana Appeals Court Refuses Damages Claims for Allen Parish Family Drama in Lawsuit Over Cattle
Families. While often a source of love and comfort, families can at times be the source of much conflict. Sometimes the death of a parent turns siblings against one another rather than binding them together. Greed can cause people to fight over insignificant or even imaginary problems. Such was the…
When Present Interests Conflict with Past Laws: Property Disputes Between the Usufruct and the Naked Owner
Louisiana practices many legal concepts not typically found in other states. One such concept is the “usufruct.” An “usufruct” refers to a right given from one property owner to another person named the “usufructuary.” The usufructuary does not own the property, but is free to use it as he or…
Ascension Parish Homeowner Wins Lawsuit Against Construction Contractors Who Refused to Complete Building
When you pay for a home to be built, it can be a stressful experience. That experience becomes even more stressful when you have fully paid for the construction of that home and the contractor ceases construction without even completing half of the construction. In such a situation, it takes…