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The Louisiana Civil Code (LCC) constitutes the core of private law in the State of Louisiana. [1] The Louisiana Civil Code is based on a more diverse set of sources than the laws of the other 49 states of the United States: substantive law between private sector parties has a civil law character, based on the French civil code and Spanish codes and ultimately Roman law, with some common law ...
In United States law, a lis pendens (Latin for 'suit pending' [1]) is a written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it. The notice is usually filed in the county land records office.
As defined in La. C.C. Art. 3446, "acquisitive prescription is a mode of acquiring ownership or other real rights by possession for a period of time." [17] Unlike the common law adverse position, Louisiana's acquisitive prescription is not a procedural bar to recovering property but the creation of a new ownership right in the property. Time ...
In foreclosure cases, a deficiency judgment is a court order allowing a lender to collect the remaining mortgage balance when the proceeds from the sale of the property aren’t enough to pay off ...
Pedis possessio is a legal phrase in common law used to describe walking on a property to establish ownership; this concept involves the establishment of first possession of land. By walking on a property and defining its bounds, possession is established. Legal dictionaries [2] put forth this definition.
Property can be considered lost, mislaid, or abandoned depending on the circumstances under which it is found by the next party who obtains its possession. An old saying is that "possession is nine-tenths of the law", dating back centuries. This means that in most cases, the possessor of a piece of property is its rightful owner without ...
A writ of execution (also known as an execution) is a court order granted to put in force a judgment of possession obtained by a plaintiff from a court. [1] When issuing a writ of execution, a court typically will order a sheriff or other similar official to take possession of property owned by a judgment debtor.
Adverse possession in common law, and the related civil law concept of usucaption (also acquisitive prescription or prescriptive acquisition), are legal mechanisms under which a person who does not have legal title to a piece of property, usually real property, may acquire legal ownership based on continuous possession or occupation without the permission of its legal owner.
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