Homeowner ordered to remove completed construction, despite government variance. In a Louisiana case, a homeowner constructed an addition to his home. However, the addition did not meet either the subdivision side setback requirements in the restrictions or the limits required by the local government. Serious and costly consequences followed for failure to abide by the […]
Landlocked but not out of luck
Landlocked landowners in Louisiana can now hookup to utilities on their neighbor’s property. Previously, the enclosed landowner could cross a neighbor’s property only to obtain access to a road. However, it is not an unrestrained right and is not free. Basic elements of acquiring the right of passage for utilities 1. The owner must have […]
Bank mortgage primed by later filed general contractor lien
In this case, the contractor recorded his contract prior to the commencement of work. Thereafter a dispute arose between the contractor and the owner and the contractor filed a lien. The parties settled the dispute whereby the owner gave the contractor a promissory note for the amount owed. Then, the contractor canceled its lien and […]
House inspector negligence liability greater than contract amount
A Kentucky court recently found that a negligent home inspector could be held liable for an amount greater than that initially agreed to between the parties by contract. In this case, the contract limited the inspector’s liability for negligence to $200, the cost of the inspection. The court refused to enforce this provision in the contract, finding to do […]
IRS reviewing land records to discover failure to file gift tax returns
General Gift Tax Rules Currently, the federal tax code allows each person to give in a lifetime up to $5,000,0000 without paying gift taxes. However, for any gift to any one person that exceeds $13,000 in one year, the giver must file a report with the IRS disclosing the gift. The report must also be […]
Comparison of Louisiana and HUD bond and insurance requirements for condominiums
With the passage of a new Louisiana state law on condo fidelity insurance, condo associations in Louisiana must now satisfy the requirements in both the state law and HUD regulations, just as the associations must also be mindful of both state and HUD requirements for its other insurance coverages. As creatures of Louisiana law, it goes […]
Leases from the Tenant’s Perspective
Before signing a lease, follow the R-A-N rule: Read, Ask and Negotiate. 1. Read the lease, no matter the length or the small print. 2. Ask. If you do not understand certain terms, ask for clarification. 3. Negotiate. Depending on supply and demand, some terms may be negotiable. The following are some common provisions in […]
OUCH! The pocket book pain of dog bites under Louisiana law.
Louisiana does not have an automatic free first bite law and therefore it is necessary for homeowners to have adequate homeowner’s insurance, even though the risk of a dog bite is low. Across the United States, people own approximately 78.2 million dogs. It’s likely that the overwhelming majority of these dog owners treat their pets as […]
