The transfer of property can create many legal pitfalls for clients. In this case, the plaintiff, Willow Chute Farms L.L.C, (“Willow”) based in Bossier Parish, alleged that the transfer of a right of way to the defendant, George McLemore (“McLemore”), was defective. The issue arose due to a 1984 agreement…
Property owners have a duty to keep their property safe against unreasonable risks of harm to those who are invited onto the premises. However, if a potential risk is “reasonable” is a matter of debate. If the hazard in question is obscured, the owner may be liable. But if the…
It is one thing to own land, but it is another thing to know what rights come with that ownership. Without the help of a good lawyer, a misunderstanding of property rights could put you in court for trespassing–or worse. For instance, it might be important to understand if installing…
In contracts for the sale of land and property, parties typically execute a Purchase Agreement before the Contract of Sale. The purchase agreement may be incorporated with the contract of sale, or it may be a preliminary document that is not included in the final contract. It is important that…
The taking of property by the government under the power of eminent domain is an issue that can be contentious for many landowners. When this does happen landowners are entitled to just compensation. For one Louisiana man with property near the Superdome and across the street from St. Joseph’s Church,…
If you ever inherit land from a relative, it may be wise to investigate if anyone else has a claim to it. There may be a co-owner in the shadows waiting to sell it. Thirteen Plaintiffs claimed they were the heirs of the Willie Smith, the original owner of…
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…
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…
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…
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…