§ 9:4806 — Owner defined; interest affected

Louisiana § 9:4806

• Jurisdiction: Louisiana
• Title 9: Civil Code-Ancillaries

Text

§4806. Owner defined; interest affected
A. An owner, co-owner, naked owner, usufructuary, other holder of a servitude,
possessor, lessee, or other person having the right to use or enjoy an immovable or having
an interest therein shall be deemed to be an owner under this Part.
B. The claims against an owner granted by R.S. 9:4802 are limited to the owner or
owners who have contracted with the contractor and to any owner or owners who have
agreed in writing to the price and work of the contract made by another owner and have
expressly agreed in writing to be liable for any claims granted by R.S. 9:4802. If more than
one owner has contracted or expressly agreed in writing to be liable, each shall be solidarily
liable for the claims.
C. A privilege granted by R.S. 9:4801 or 4802 affects only the interest in or on the
immovable enjoyed by the owner whose obligation is secured by the privilege. If that owner
is a lessee or holder of a servitude or otherwise derives his interest in or on the immovable
from another person, the privilege is inferior and subject to all rights of, and obligations
owed to, that other person.
D. The privileges granted by this Part upon a lessee's rights in the lease or buildings
and other constructions shall be inferior and subject to the right of the lessor to dissolve the
lease for nonperformance of the lessee's obligations, and to execute upon the lessee's rights
and sell them in satisfaction of the obligations free of the privileges under this Part. If a sale
of the lease is made in execution of the claims of the lessor, the privileges under this Part
attach to that portion of the sale proceeds remaining after satisfaction of the claims of the
lessor.
E. The inclusion in a statement of claim or privilege of the name of an owner who
is not responsible for the claim under Subsection B of this Section shall not give rise to
liability on the part of that owner or create a privilege upon that owner's interest in the
immovable.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.

Legislative History

Acts 1981, No. 724, §1, eff. Jan. 1, 1982; Acts 1985, No. 903, §1; Acts 2019, No. 325, §1.