Louisiana predial servitudes vs. easements — how Civil Code property law differs

Louisiana predial servitudes (La. C.C. Arts. 646-774): (1) What a predial servitude is: a predial servitude is a charge on a servient estate (the burdened property) for the benefit of a dominant estate (the benefited property). Unlike a personal right, a predial servitude attaches to the land — it transfers automatically with the land when the servient estate or dominant estate changes ownership. There is no requirement to re-record or re-establish the servitude with each transfer; (2) How this differs from a common law easement: in most common law states, "easements" and "servitudes" are used somewhat interchangeably. Louisiana uses Civil Code-specific terminology — Art. 646 defines predial servitudes, and the rules governing their creation, exercise, and extinction differ from the common law rules; (3) Natural, legal, and conventional servitudes: Louisiana law recognizes three types of predial servitudes. Natural servitudes arise from the natural situation of the estates (e.g., lower estates must receive waters that flow naturally from upper estates — Art. 655). Legal servitudes are imposed by law for public and private utility (e.g., right of passage — Art. 689). Conventional (voluntary) servitudes are created by agreement between the owners of the dominant and servient estates; (4) Right of passage — Art. 689: if a tract of land has no access to a public road (an enclosed estate), the owner may claim a right of passage over neighboring land to the nearest public road. The owner of the enclosed estate must pay compensation to the owner of the servient estate. This is the Civil Code equivalent of an "easement by necessity" in common law states, but with specific Civil Code rules about compensation; (5) Extinctive prescription of servitudes: a predial servitude is extinguished by nonuse for 10 years under La. C.C. Art. 753. A servitude that has not been used (exercised) for 10 years is extinguished by operation of law — this differs from common law easements, which generally do not expire from nonuse alone; (6) Practical impact for Louisiana real estate: title examiners in Louisiana must search for predial servitudes in addition to recorded easements. A servitude that was created 50 years ago by act before a notary and registered in the conveyance records of the parish continues to run with the land until extinguished by 10-year nonuse. Missing a predial servitude in a title examination can affect the value, use, and insurability of a Louisiana property.

Louisiana non-judicial foreclosure — how fast can a lender foreclose?

Louisiana mortgage foreclosure (La. R.S. 9:3721 et seq. and Code of Civil Procedure Arts. 2631 et seq.): (1) Two foreclosure paths in Louisiana: Louisiana has both judicial and non-judicial foreclosure. Most residential mortgages in Louisiana contain two powerful clauses that enable very fast non-judicial foreclosure: (a) the confession of judgment clause (the borrower "confesses judgment" in advance and agrees that a court can enter judgment against them without a separate lawsuit if they default); and (b) the authorization to sell without appraisal and without the benefit of appraisement (the borrower waives the right to have the property appraised before sale and waives the right to cure by paying the appraised value); (2) Non-judicial foreclosure timeline: when a Louisiana mortgage contains these clauses and the borrower defaults, the lender's attorney can file a petition in district court and obtain an executory process — a court order authorizing the sheriff to seize and sell the property without a separate trial. The process from first filing to sheriff's sale can take as little as 45-60 days in some Louisiana parishes. This is among the fastest foreclosure timelines in the United States; (3) Right of redemption: Louisiana provides a 1-year right of redemption after a residential property is sold at sheriff's sale. Under La. R.S. 9:5174, the owner (or their heirs) can redeem the property within 1 year of the sheriff's sale by paying the purchase price plus 5% per annum and any additional amounts paid by the purchaser for improvements or taxes; (4) Deficiency judgment: if the sheriff's sale price does not cover the outstanding mortgage balance, the lender can seek a deficiency judgment against the borrower for the remaining amount. However, the lender must comply with Louisiana's appraisal requirements — if the mortgage contained a "without appraisement" clause, the lender's ability to obtain a deficiency judgment is constrained; (5) Homestead exemption: Louisiana provides a homestead exemption of up to $35,000 in the value of an owner-occupied home from forced sale for most debts. However, the homestead exemption does NOT apply to mortgage foreclosure — a lender holding a valid mortgage on the homestead can foreclose regardless of the homestead exemption; (6) New Orleans flood zone complications: a significant number of New Orleans properties are in FEMA Special Flood Hazard Areas (SFHAs) requiring mandatory flood insurance. If a property owner in a SFHA lets their flood insurance lapse, the lender can force-place flood insurance and add the cost to the mortgage, potentially accelerating default. The interaction of flood insurance requirements, FEMA map amendments, and mortgage compliance is a specific New Orleans real estate challenge.

Louisiana acquisitive prescription — Civil Code adverse possession and how it differs

Louisiana acquisitive prescription (La. C.C. Arts. 3446-3491): (1) Civil Code vs. common law terminology: Louisiana does not use the term "adverse possession." Instead, Louisiana uses "acquisitive prescription" — the acquisition of ownership or real rights through possession for a period established by law. The underlying concept (possessor becomes owner after sufficient possession) is similar to common law adverse possession, but the Civil Code framework has specific requirements and distinctions; (2) The two prescription periods: 10-year acquisitive prescription (Art. 3473) — applies when the possessor has a just title and good faith. A "just title" is a title that would transfer ownership if it came from the true owner (e.g., a deed from a person who turned out not to be the true owner). "Good faith" means the possessor reasonably believed the title was valid. With just title and good faith, 10 years of continuous, open, uninterrupted possession acquires ownership. 30-year acquisitive prescription (Art. 3486) — applies when the possessor lacks just title or good faith. Without a valid claim of right or with awareness that the title may be defective, 30 years of continuous, open, uninterrupted possession acquires ownership; (3) Possession requirements: the possession must be: corporeal (physical possession, not merely claiming the property); continuous (uninterrupted, without long absences); open (visible and public, not clandestine); peaceable (not obtained by violence); and unequivocal (clearly as owner, not as tenant or licensee); (4) Tacking of possession: a current possessor can add (tack) the possession of their predecessors to satisfy the prescriptive period, as long as the possession periods are connected; (5) New Orleans squatter and blighted property issues: post-Katrina New Orleans has experienced significant blight and abandonment. Properties abandoned after Hurricane Katrina and never reclaimed by their owners have been subject to acquisitive prescription claims by neighbors and community organizations that have maintained and improved adjacent blighted properties; (6) Immovable property prescription vs. movable property prescription: acquisitive prescription applies to immovable property (real estate). Movable property (personal property) has different prescriptive periods — 3 years with good faith and just title (Art. 3490) or 10 years without just title (Art. 3491).

Louisiana homestead exemption and property taxes — 4% assessment and parish-level administration

Louisiana homestead exemption and property taxes: (1) Constitutional homestead exemption: Louisiana's constitution (La. Const. Art. VII § 20) provides that the first $75,000 of the fair market value of a person's bona fide home is exempt from state, parish, and local property taxes — but NOT from municipal property taxes in some cases. This means that for most Louisiana homeowners, the first $75,000 of their home's value generates no property tax liability. The homestead exemption must be applied for at the parish assessor's office; (2) Assessment rate for residential property: Louisiana residential property is assessed at 10% of fair market value. The homestead exemption ($75,000 FMV) reduces the assessed value by $7,500 (10% of $75,000). The net taxable assessed value is then multiplied by the millage rate established by the parish; (3) Parish-level administration: Louisiana property taxes are administered at the parish (county) level. Each of Louisiana's 64 parishes has its own assessor who determines property values. Property tax rates (millages) are set by the parish, municipalities, school boards, and special districts within the parish. Orleans Parish (New Orleans), Jefferson Parish, East Baton Rouge Parish, St. Tammany Parish, and Caddo Parish each have their own tax structure; (4) Dedicated homestead exemption for certain disabled veterans: Louisiana provides an additional property tax exemption for 100% disabled veterans — the homestead of a 100% service-connected disabled veteran and their surviving spouse is exempt from all property taxes (not just the first $75,000). This exemption is administered through the Louisiana Department of Veterans Affairs; (5) Special Assessment Level: Louisiana provides a "Special Assessment Level" program that freezes the assessed value of the primary residence of: persons 65 and older with income below a threshold; persons with disabilities; surviving spouses of first responders killed in the line of duty. Once established, the Special Assessment Level prevents the assessed value from increasing even if the property's market value rises; (6) New Orleans neighborhood-specific rates: in New Orleans, property tax millages vary by the type of property and the services received. New Orleans levees, drainage, streets, and flood protection involve multiple special districts with their own millages — a factor in comparing effective property tax rates between New Orleans and surrounding parishes.

Louisiana wetlands and coastal property — rising waters, subsidence, and title issues

Louisiana coastal and wetlands real estate (La. R.S. 49:214.1 et seq. — Coastal Zone Management): (1) Louisiana's coastal land loss crisis: Louisiana loses approximately 25-35 square miles of coastal land per year to a combination of subsidence (the land is sinking due to natural compaction of delta soils and reduced Mississippi River sediment from upstream damming), sea level rise, and hydrological alteration from oil and gas canal dredging. This land loss is the most rapid coastal erosion in the United States and creates unique real estate title and property rights issues; (2) Riparian and littoral rights: in Louisiana, property adjacent to navigable water is subject to the public's right of use (the "public trust doctrine" for navigable waterways). When land washes into navigable water (accretion and erosion), the property line changes — land that erodes into navigable water is lost. Land that accretes (accumulates) from the waterway belongs to the adjacent landowner. In coastal Louisiana, the combination of subsidence and erosion means that properties along the coast can physically disappear into the Gulf of Mexico over time — with accompanying title complications; (3) Coastal use permits: under Louisiana's Coastal Zone Management Program (La. R.S. 49:214.1), any activity in Louisiana's designated coastal zone that may affect the use, development, or protection of coastal resources requires a coastal use permit from the Louisiana Department of Natural Resources (LDNR). This includes construction, dredging, placement of fill, drilling, and certain agricultural activities in coastal areas. Property in coastal parishes (Lafourche, Terrebonne, St. Mary, Iberia, Cameron, Vermilion, Jefferson, Plaquemines, St. Bernard, St. Tammany, and Orleans) is subject to coastal zone permitting; (4) Flood insurance and NFIP: the vast majority of developed coastal Louisiana land is in FEMA Special Flood Hazard Areas requiring National Flood Insurance Program coverage. Post-Katrina FEMA map revisions dramatically increased the number of properties in high-risk flood zones — many New Orleans, Jefferson Parish, and suburban properties were placed in higher-risk flood zones after 2005, dramatically increasing flood insurance premiums; (5) State-owned lands along the Gulf: the Louisiana state government (through the Louisiana State Land Office) owns significant coastal land — including much of the offshore submerged land extending to the state's offshore jurisdiction under the Submerged Lands Act. Rights to minerals and oyster leases in state-owned coastal waters are administered by the State Land Office, not by private landowners, even if those waters are adjacent to private property; (6) Camp and camp community title issues: Louisiana's coastal and lake communities have many "camp" properties — seasonal fishing and hunting camps built on posts above wetlands or waterways. Title to many of these camp properties is complicated by questions about whether the underlying land is state-owned submerged land, whether the camp was built with required permits, and whether the structure qualifies for standard title insurance given its location in a coastal hazard area.

Real Estate Laws in Louisiana (2026)

Real Estate Law in Louisiana: where early mistakes cost the most, the review moments that actually change outcomes, and what usually shifts earliest

Direct real estate law guidance for Louisiana residents covering contract notice, property timeline, pressure points, and when legal review starts changing leverage.

Reviewed January 2026 2 min read Official-source grounded Ver en Espanol En Español

Key Takeaways

Civil Law property terminology: predial SERVITUDES (not easements; La. C.C. Arts. 646-774) run with land; natural/legal/conventional categories; extinguished by 10yr NON-USE (Art. 753) — unique to LA Civil Law; right of passage Art. 689 (enclosed estate = right to access nearest public road with compensation to servient estate owner); title examiners must search for predial servitudes
Foreclosure: non-judicial executory process (confession of judgment + authorization to sell without appraisement clauses in most LA mortgages) = 45-60 days delinquency to sheriff's sale (among fastest in US); 1-yr RIGHT OF REDEMPTION after sheriff's sale (La. R.S. 9:5174) — pay purchase price + 5%/yr + improvements; homestead exemption ($75K FMV) does NOT protect against mortgage foreclosure
Acquisitive prescription (Civil Code Arts. 3446-3491): NOT called adverse possession; 10yr with JUST TITLE + GOOD FAITH; 30yr without just title or good faith; corporeal/continuous/open/peaceable/unequivocal possession required; tacking permitted; post-Katrina blight = significant acquisitive prescription claims by neighbors maintaining abandoned properties
Property taxes: constitutional homestead exemption = first $75,000 FMV exempt from property taxes; residential assessment rate = 10% of FMV; 64 PARISHES each with own assessor and millage rates; 100% disabled veteran = full exemption; Special Assessment Level freezes value for elderly/disabled; New Orleans levee/drainage districts add separate millages
Coastal/wetlands real estate: LA loses 25-35 sq mi/yr (fastest coastal erosion in US); coastal use permits required (LDNR) in 11 coastal parishes; post-Katrina FEMA map revisions pushed many properties into higher flood zones = premium spikes; State Land Office owns significant coastal submerged land; camp/fishing property title issues common (submerged state land question)

Key Numbers — Louisiana All 50 states →

Filing Deadline 1 year

Fault Rule Pure Comparative

Insurance System At-Fault

Key Statute La. Civ. Code art. 3492

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Louisiana property law is derived from the French and Spanish Civil Law codes that governed the territory before the Louisiana Purchase of 1803, and the legislature has never fully abandoned that heritage. Where other states speak of "easements," Louisiana property law speaks of "predial servitudes" — rights attached to one tract of land (the dominant estate) that burden another tract (the servient estate), governed by La. C.C. Arts. 646 through 774. Where other states speak of a "life estate," Louisiana property law speaks of "usufruct" — the right to use and enjoy the property of another. Where other states speak of "fee simple absolute," Louisiana speaks of "full ownership" without qualification. This civil law vocabulary is not merely terminological. The doctrines themselves differ in important ways. A Louisiana predial servitude runs with the land and does not expire, whereas many common law jurisdictions allow servitudes to be terminated by changed conditions. Louisiana's law of accession (La. C.C. Arts. 481-521), occupancy, and prescription (not "adverse possession" — Louisiana uses "acquisitive prescription" under La. C.C. Arts. 3446-3491) all reflect the Civil Code foundation. A title attorney practicing in Louisiana must be conversant in this Civil Law framework, which is why the Louisiana State Bar requires specialized continuing legal education in property law for attorneys who practice in this area.

The New Orleans real estate market presents a convergence of factors unique in American urban real estate: historic preservation restrictions of extraordinary scope (the Vieux Carre — the French Quarter — is regulated by the Vieux Carre Commission, which controls exterior alterations to all properties within the historic district's boundaries); flood zone regulations that vary street by street within a metropolitan area built largely below sea level; Louisiana's Act 991 of 2020 (reforming the Residential Property Disclosure Act); and the state's non-judicial foreclosure procedure under La. R.S. 9:3721 et seq. which can move a property from delinquency to sheriff's sale in as little as 45-90 days when the lender holds a mortgage with confession of judgment and an authorization to sell without judicial proceeding. The Vieux Carre Commission's authority over French Quarter properties means that a property owner who wants to repaint the exterior of a French Quarter building, install an air conditioning unit visible from the street, or alter any exterior feature must obtain VCC approval — a process that can take months and may require architectural review. For investors purchasing French Quarter properties, the VCC approval process is an essential part of due diligence that has no counterpart in any other American city.

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