Property Disputes in Lafayette, LA
Property disputes in Louisiana are common between neighbors. They even occur between companies and governments. People want to protect what is legally theirs, but sometimes the boundary lines are not clear.
Find out what you can do if you have a property dispute in Lafayette, Louisiana. Discover the legal remedies and actions that can help you clear up a misunderstanding, arrange a settlement, or manage an issue involving your property.
What Is a Property Dispute?
Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Lafayette, LA property disputes can involve a wide range of parties, which might include some of the following:
- Neighbors
- Homeowners’ association
- Landlords and tenants
- Family members
- Trespassers
- Property visitors
- Government agencies
The majority of property disputes in Lafayette fall to the 15th Judicial District Court. If you find yourself facing a property dispute, you may want to seek the counsel of an experienced attorney in Lafayette to help you navigate this process.
Common Types of Lafayette, Louisiana Property Disputes
It’s important to know about common disputes to understand your circumstances. The most common property disputes often include:
- Disputes between neighbors regarding where property lines exist
- Disputes between landlords and tenants regarding who is at fault for damage to the property
- Homeowners and real estate developers disagree over who is responsible for repairs on construction
- People blocking their neighbor’s view via a “spite fence” or another structure specifically made to annoy their neighbor
- Disputes between mortgage lenders and creditors over who can foreclose a property and who receives the proceeds of a sale
- Disputes between homeowners and government agencies about whether they have a utility easement
- Ownership disputes about who is the rightful owner of a property
- Issues with zoning
Beyond these examples, you may find other situations in Lafayette where a property dispute occurs. In general, if you own land, you have to constantly watch out for it and ensure that others are not using it illegally or trying to claim it as their own.
Understanding Typical Lafayette, Louisiana Property Disputes
According to Louisiana Statutes, damage incurred by Lafayette residents from a falling tree or limbs is generally the responsibility of the landowner where the tree rests. However, even if you do not receive financial compensation, you have the right to demand any hazardous tree be taken down if you incur property or physical damage.
The Louisiana Right to Farm Laws were enacted to protect existing farmland and agricultural spaces. These laws exist to prevent landowners from falling victim to nuisance suits. However, since these laws were enacted, Louisiana has lost over 20% of it’s farmland.
Legal Process for Boundary Disputes In Lafayette, Louisiana
Has someone brought a property dispute against you in Lafayette, or are you starting a property dispute against someone else? If so, you need to understand the legal process you will go through. This process begins with understanding the issue at hand.
Understand the Boundary Issue
To understand the specific boundary dispute, you’ll have to do the following things:
- Complete a land survey to locate the exact boundary of your home as outlined in the legal description of the deed. This survey will help you understand your property and how much of your land is encroached.
- Conduct an appraisal to learn the exact market value of the piece of property that is in dispute.
- Do a title search to find all of the documents in the chain of title of your Lafayette, LA property. The title search will show if any deeds may affect your ownership.
These things will likely have happened when you purchased the home. If that’s the case, the documents you already have should suffice unless the case goes to court.
The City of Lafayette states that no fence, wall, or partition can extend across property lines unless there is a written agreement expressing such a right. The city requires any fencing structure over 3 feet tall to be cleared by a permit from the municipality. Fencing cannot come within 12 inches of a public sidewalk. In addition, no barbed wire, razor wire, or electrical wire can be placed atop a fence, unless the property is loathed within an industrial, public, or developmental zoning district.
Try to Find a Solution with Your Neighbor
Property dispute litigation in , can be both expensive and time-consuming. To avoid these challenges, it’s often best to start by opening a dialogue with your neighbor. Resolving the issue out of court can save you significant time and money.
Consider reaching out to your neighbor directly. You might send a letter, email, make a phone call, or visit their home if it feels safe to do so. Open communication is often the first step toward finding a resolution.
If no progress happens and it’s clear that you and your neighbor are still on completely different pages, at this point, you should consider hiring an attorney to assist you. They can help you understand if you have legal grounds upon which to stand. If you do, then you can send a demand letter.
Sending a Demand Letter
This letter will be from your Lafayette attorney to your neighbor, and it will outline the property dispute. It will give your neighbor the option to respond via a requested action, or it will provide a reasonable price for settling the dispute out of court.
Your neighbor will likely forward this letter to their attorney to better understand the boundary dispute. From there, the attorneys on both sides will decide the best course of action moving forward.
Going to Court or Reaching a Settlement
Typically, the best option for both sides is to settle the dispute out of court to avoid costly litigation fees. But if your negotiations are going nowhere, it might be necessary to file the dispute with the court. The court will then look closely at the evidence presented and determine who owns the Lafayette, LA property in question. Keep in mind the court’s decision is legally binding. You may not agree with it, or it may not be exactly the result you wanted to see. That is why it’s typically in your best interest to settle.
The 15th Judicial District Court in Lafayette is most likely where you’ll file to resolve your property dispute.
Work With an Experienced Local Property Dispute Lawyer In Lafayette, Louisiana
When it comes to property disputes, you should work with an experienced property dispute lawyer. Whether you’re filing a property dispute against your neighbor or you are defending a dispute brought against you, you’ll need a lawyer who understands Lafayette property law on your side. An experienced lawyer can help you settle before taking the dispute to court, which will save you both time and money. We can even help you connect with an attorney across Louisiana state lines.
Submit a request online or call us today at (866) 345-6784 to speak with an attorney in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
Has reading this article raised questions about a different sector of Lafayette, LA law? Then explore more of the content on our site!
