Legal Question in Real Estate Law in Louisiana
What are the rights of a land owner that has a undivided interest in a property
may this land owner give permission to anyone he chooses to use the property
and can the other land owners force them off
1 Answer from Attorneys
I have seen many lawyers and even judges get the answer to this question wrong. There is a specific case on point for this issue, which states that 100% of the landowners must agree to lease the property to a third party, or allow a third party to stay there. In that case, several siblings owned their parents' home together after a succession. One owner allowed his daughter to stay in the house over the objections of his siblings. The court said they had to all agree on allowing her to stay there, or she had to go.
If you cannot all agree on how the property is going to be used, any one of you can petition the court to partition the property. The court will then have the property appraised and sold, after which each owner will get their fair share of the profits.