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Partition by Licitation in Louisiana So, if an heir owns an undivided interest in the land, they always have the option to transfer it to another owner or to sell it. When a co-owner wants to sell their property interest?even against the wishes of the other heirs?they can force a partition.
If you own the land fronting the street, you cannot block access to those who must cross your property to access the street. They have a legal right to do so. A prescriptive easement is one that is recognized by the mere fact of its existence and its continued use.
The legal action required is known as a partition action. In a partition action, we ask the court to order that the property be sold. Once an order of sale is obtained from the court, it will be sold by public auction after all parties are notified.
Property partition in Louisiana refers to dividing real property among co-owners. In Louisiana, this process is governed by the Louisiana Civil Code. Families often encounter issues when real estate is passed down to heirs, such as through a succession. Many may live out of state or not want to co-own property.
YES, FORCED SALE IS POSSIBLE. Before resorting to a forced sale, you should investigate the possibility of a voluntary sale. When siblings receive a letter from an attorney alluding to a forced sale, they might more seriously consider a voluntary sale.
In Louisiana, this is referred to as ownership by ?indivision? meaning each person has an undivided share. In other words, each property owner has an interest in the undivided land rather than each heir owning an individual lot or piece of the land.
A partition deed is a legal document used to divide a piece of property co-owned by two or more people. It is an agreement setting out the terms and conditions for dividing property and allocating the shares to each co-owner.