A recent case arising out of Tensas Parish, Louisiana, highlights the importance of checking on leases that burden any land before purchase. “Legacy lawsuits” are claims that oil and gas operations caused contamination on a property and generally name any operators who worked at the property and could have contributed…
Articles Posted in Real Estate
Hammond Homebuilder doesn’t get it right, Louisiana’s New Home Warranty Act Makes Him Pay
Imagine that you and your spouse have spent years planning, waiting, and paying for the construction of your new home. Upon its completion, you excitedly move in, relieved that the wait is over and that you no longer have to stay in a little trailer next to the construction site.…
Evangeline Parish Land Dispute Lawsuit Invokes Concept of Acquisitive Prescription
A land dispute in Evangeline Parish once again highlights the intricacies of Louisiana property law, and the need for an experienced lawyer if you ever find yourself involved in a property dispute. The dispute in question involves the title to 18 acres of a 23-acre tract of immovable property located…
Appellate Court Drops Sanctions Against Metairie Based Plaintiffs and Their Legal Counsel
A recent case from the Fifth Circuit Court of Appeal for the State of Louisiana demonstrates the importance of ensuring a client has all relevant evidence before proceeding with a lawsuit. Although the Plaintiffs eventually had all sanctions dropped for “pursuing a meritless case”, they could have saved a lot…
Keep Your Promises: Court Orders Alexandria Defendant to Comply with Property Sale Agreement
We enter into contracts all the time without even realizing it. However, when you enter a contract for the sale of commercial property, you know it — long documents, lots of formalities, and possibly substantial monetary consequences are involved. You had better be sure you want to sell that property.…
What Does Predial Servitude, Acquisitive Prescription and Precarious Possessor, mean in Louisiana?
Residents of Louisiana may sometimes feel like there is no other place quite like their home state, but as a recent case out of Vermillion Parish demonstrates, when it comes to the laws regarding land and property, Louisiana truly is one-of-a-kind. Thanks to Louisiana’s history with the Napoleonic Code, Louisiana…
First Circuit Court of Appeal Affirms Award of Attorney Fees and Expert Witness Fees In Expropriation Lawsuit
Gerald O”Hara from Gone with The Wind said it best, “The land is the only thing in the world worth working for, worth fighting for, worth dying for, because it’s the only thing that lasts.” While land ownership is a sacred right in this nation it does not prevent the…
Court Throws Out Lafayette Parish Case As Plaintiff Fails To Deliver Service of Process Before Deadline
It is vital to know proper court procedures at the outset of litigation or else an otherwise valid claim might be thrown out of court without ever being heard. One prime example is the need to send initial court documents to a defendant within a set deadline (sending such documents,…
New Orleans Land Developer Wins and Loses On Appeal
A degree of legal closure has settled following a failed New Orleans housing project and years of litigation. The U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s ruling in a dispute between the developer, Levy Gardens Partners, and its title insurance company, Commonwealth Land Title Insurance…
Public Entities Afforded Special Treatment by the Law in Injury Cases
Public entities, such as the food bank in the City of Kenner, get special treatment when it comes to personal injuries. A plaintiff must prove that a hazard was not open and obvious in order to collect damages for their injuries. The thing must also pose an unreasonable risk of…