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Articles Posted in Property

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Surviving Spouse Loses Fight with First Wife Over Provisions of “Clear and Unambiguous” Will in Louisiana

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…

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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…

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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…

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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…

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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…

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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…

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