Louisiana Assignments of the Lease

State:
Multi-State
Control #:
US-OG-781
Format:
Word; 
Rich Text
Instant download

Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

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FAQ

(1) An assignment relating to a lease or rent of an immovable is given the effect of recordation when an original or a certified copy of the instrument creating the assignment is filed in the conveyance records of the parish in which the immovable is situated; however, an assignment contained in an act of mortgage ...

As part of Louisiana's French legacy counties are called "parishes." Early French and Spanish settlers influenced the legal system in Louisiana. Despite popular belief, it is incorrect to say that the Louisiana Civil Code is, or stems from, the Napoleonic Code.

Sale of litigious rights. When a litigious right is assigned, the debtor may extinguish his obligation by paying to the assignee the price the assignee paid for the assignment, with interest from the time of the assignment. A right is litigious, for that purpose, when it is contested in a suit already filed.

The assignment of a right is effective against the debtor and third persons only from the time the debtor has actual knowledge, or has been given notice of the assignment. Art. 2646. The assignor of a right warrants its existence at the time of the assignment.

Ownership is the right and exclusive authority over a thing. Ownership of property consists of 3 real rights: usus, abusus, and fructus. Usus is the right to use a thing. Abusus is the right to dispose of a thing as long as it is not infringing upon health, safety and welfare.

An ?assignment of rents? allows the lender to collect the rent payments, if the borrower defaults on their loan payments. Although the lender and borrower may agree to the assignment of rents in the loan documents, the procedure for enforcing the assignment of rent is governed by Section 697.07, Florida Statutes.

Article 699 states that the owner of enclosed lands may claim a right of passage to the nearest public road, railroad, tramroad, or water course.

When it comes to a lease, the landlord cannot evict their tenant from the property in retaliation. This could make the tenant seek an attorney for help; in severe cases, these claims can go to a court in Louisiana.

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Louisiana Assignments of the Lease