Detailed Answer
Under Louisiana law, verifying every individual with an interest in immovable property prevents title defects and litigation. “Immovable” includes land, buildings, mineral rights and servitudes. Anyone who may hold a legal or beneficial interest must be identified and documented, including fee owners, usufructuaries, lessees, mortgagees, trustees, minors, interdicts and spouses under community property regimes.
1. Identify All Potential Stakeholders
- Recorded title holders and co-owners
- Usufructuaries and life tenants
- Mortgagees and holders of privileges (liens)
- Lessee or tenant under a recorded lease
- Trustees, heirs and legatees (after a succession)
- Spouse of an owner (under community or separate property regimes)
- Legal representatives (guardians or curators of minors or interdicts)
2. Gather Key Personal Information
- Full legal name and any aliases
- Date and place of birth
- Marital status and matrimonial regime (e.g., community of acquets and gains)
- Last known address and contact information
- Social Security number (for internal verification only)
3. Obtain Essential Documents
- Certified copy of the deed of sale or other act of conveyance (acte de vente)
- Act of mortgage or privilege recorded in the Conveyance Records
- Act of donation, judicial partition or exchange
- Final succession order or inheritance adjudication
- Marriage certificate and matrimonial agreement (if property is community)
- Guardianship or interdiction decree (for minors and interdicted persons)
- Entity formation documents and resolutions (for corporate or trust interests)
After gathering these materials, conduct a title search in the parish clerk’s Conveyance Records. Recordation certifies priority and provides constructive notice to subsequent purchasers. Under La. R.S. 9:4951, acts affecting immovables must be indexed and made available for public inspection (La. R.S. 9:4951). Louisiana Civil Code article 2285 further requires proof of title through public records or admissible acts (La. Civ. Code art. 2285).
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Begin your search using the exact spelling from recorded acts to avoid missing records.
- Verify name variations and former names in older records.
- Review succession files at the probate court if an owner is deceased.
- Obtain certified copies directly from the parish clerk, not unofficial photocopies.
- Confirm any community property agreements at the parish recorder’s office.
- Check for pending litigation or judgments that may affect title via the parish district court docket.