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…
Articles Posted in Real Estate
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…
Road Granting a Landowner Access to His Property Declared for Public Use
Having the town pave your road or conduct other maintenance may seem like a harmless occurrence. However, it can have a significant impact on determining whether your property can become public use. One landowner, Thomas Bourque, Sr., needed access to the rest of his property, but two other landowners, Todd…
Wells Fargo Bank Fraudulently Sells Bossier City Home
Buying a home is a complex and stressful process. Not only must a homebuyer make sure he or she has the required funds to purchase the home, but must also thoroughly check that the home is in good condition. Generally, determining the condition of a home is relatively easy. Under…
Jefferson Parish Homeowners Unable to Sue Because of Missed Procedural Deadlines
In law, deadlines and rules of procedure are very important. Good cases can be lost because someone missed a deadline or did not understand and follow a procedural rule. That is why it is so important to ensure you have a good attorney who understands the rules of procedure and…
Louisiana Court Returns Horse Island Residents’s Camp Yard
Imagine buying land and then realizing that it was already occupied. What can the purchaser do when faced with this situation? What rights do the occupants of the purchased land have? Recently, the Third Circuit Court of Appeal for the State of Louisiana addressed these questions when deciding whether Saline…