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re: Buying on leased land
Posted on 5/9/25 at 11:21 am to langlois_crib
Posted on 5/9/25 at 11:21 am to langlois_crib
Many land camps in cocodrie are on leased land. Typically a 99 year lease. Burlington and the like own most of the property down there.
1
Posted on 5/9/25 at 11:33 am to langlois_crib
Art. 491. Buildings, other constructions, standing timber and crops
Buildings, other constructions permanently attached to the ground, standing timber, and unharvested crops or ungathered fruits of trees may belong to a person other than the owner of the ground. Nevertheless, they are presumed to belong to the owner of the ground, unless separate ownership is evidenced by an instrument filed for registry in the conveyance records of the parish in which the immovable is located.
Art. 498. Claims against third persons
One who has lost the ownership of a thing to the owner of an immovable may assert against third persons his rights under Articles 493, 493.1, 494, 495, 496, or 497 when they are evidenced by an instrument filed for registry in the appropriate conveyance or mortgage records of the parish in which the immovable is located.
La. Civ. Code art. 498 (1979). Also take note of the admonition found in revision comment (e) to that article:
The transfer or encumbrance of an immovable includes its component parts. In the absence of a recorded instrument, the third person's or good faith possessor's rights in constructions, plantings, or works that he may have made on the land of another are lost in case of alienation of the land. . . . In such a case, the third person is relegated to a personal action for reimbursement from the former landowner. . . . In order to protect his interest against any owner of the land, a person who constructs improvements should record ‘his title to those improvements.’
Buildings, other constructions permanently attached to the ground, standing timber, and unharvested crops or ungathered fruits of trees may belong to a person other than the owner of the ground. Nevertheless, they are presumed to belong to the owner of the ground, unless separate ownership is evidenced by an instrument filed for registry in the conveyance records of the parish in which the immovable is located.
Art. 498. Claims against third persons
One who has lost the ownership of a thing to the owner of an immovable may assert against third persons his rights under Articles 493, 493.1, 494, 495, 496, or 497 when they are evidenced by an instrument filed for registry in the appropriate conveyance or mortgage records of the parish in which the immovable is located.
La. Civ. Code art. 498 (1979). Also take note of the admonition found in revision comment (e) to that article:
The transfer or encumbrance of an immovable includes its component parts. In the absence of a recorded instrument, the third person's or good faith possessor's rights in constructions, plantings, or works that he may have made on the land of another are lost in case of alienation of the land. . . . In such a case, the third person is relegated to a personal action for reimbursement from the former landowner. . . . In order to protect his interest against any owner of the land, a person who constructs improvements should record ‘his title to those improvements.’
Posted on 5/9/25 at 11:45 am to jflsufan
quote:
unless separate ownership is evidenced by an instrument filed for registry in the conveyance records of the parish in which the immovable is located.
correct. As I said earlier, you buy the improvements only situated on Lot whatever. Record it in conveyance records and then also record the lease agreement. You would be protected.
Posted on 5/9/25 at 12:39 pm to captainahab
Thanks for the info! False River will have to wait!
Posted on 5/9/25 at 3:10 pm to langlois_crib
You could build a million dollar camp on our lease in Bama. The second you dig the first footing it becomes property of the lease owner. When you loose the lease you loose the house. All our cabins can be moved.
Posted on 5/9/25 at 7:03 pm to Recovered
I was in Opelika, Alabama not long ago, and it’s a very beautiful place.
Posted on 5/10/25 at 6:45 am to langlois_crib
The city of Irvine, CA is all on leased land owned by the Irvine family. 100 year leases.
Posted on 5/10/25 at 7:12 am to bayoudude
quote:
Many land camps in cocodrie are on leased land.
Same. In Coco on leased land. Just rebuilt actually.
Posted on 5/10/25 at 9:28 am to langlois_crib
Only if it’s a 99 year lease. Baton Rouge Coca Cola Bottling Company built a plant in 2008 on leased property owned by the Baton Rouge Airport.
Posted on 5/10/25 at 9:41 am to langlois_crib
Previously had camp on leased land.
Sometimes only way to afford getting on the water. Sold that and own property now.
Sometimes when leased land is sold you get a chance to buy it before they sell it out right. Which is what happened to the folks we sold to.
Like others have said you own everything on the land.
Sometimes only way to afford getting on the water. Sold that and own property now.
Sometimes when leased land is sold you get a chance to buy it before they sell it out right. Which is what happened to the folks we sold to.
Like others have said you own everything on the land.
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