§ 44:114 — Actions against the recorder

§114. Actions against the recorder
A. Any interested person may bring an action against the recorder in his official
capacity to:
(1) Compel the recordation of any instrument or document authorized or permitted
to be recorded.
(2) Compel the cancellation from the records of any instrument or document
authorized or permitted to be cancelled.
(3) Cancel from the records any improperly recorded instrument or document.
(4) Declare, pursuant to R.S. 9:5176, the extinction of rights.
(5) Correct any error or omission in the records.
(6) Issue any certificate or perform any other duty required of the recorder by this
Chapter.
(7) Take any action that is otherwise expressly authorized by the provisions of this
Chapter.
B. The action may be instituted by writ of mandamus directed to the recorder in his
official capacity.
C. The action shall be filed in any parish where the records to be affected are located
or the action of the recorder is to be taken.
D. All persons whose rights will be directly affected by the relief sought shall be
joined in the action.
E. The recorder is not liable personally or in his official capacity for the costs of any
action instituted pursuant to the provisions of this Section.

Legislative History

Acts 2005, No. 169, §6, eff. July 1, 2006; Acts 2005, 1 st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.