Inches Matter in Homeowner Restrictions

haus_miniatur_geteilt_03

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

utility house

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

house construction

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 […]

Leases from the Tenant’s Perspective

Read, Ask and Negotiate leases

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.

Dog Bites Infographic

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 […]