§ 9:4831 — Filing; place of filing; contents

Louisiana § 9:4831

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

Text

§4831. Filing; place of filing; contents
A. The filing of a notice of contract, notice of termination, statement of a claim or
privilege, affidavit, or notice of pendency of action required or permitted to be filed under
the provisions of this Part is accomplished when it is filed for registry with the recorder of
mortgages of the parish of location of the immovable upon which work is to be or has been
performed. The recorder of mortgages shall inscribe all such acts in the mortgage records.
B. Each notice of contract, notice of termination of work, affidavit filed in
accordance with R.S. 9:4820(C) or 4832(C), and other filing by an owner under this Part
shall contain a complete property description of the immovable upon which the work is to
be or has been performed. Each other filing under this Part shall contain either a complete
property description of the immovable or another reasonable identification of the immovable.
A statement of the name of the owner and street address or mailing address of the immovable
without more shall not be sufficient to meet the requirements of this Subsection.
C. If the work is evidenced by a notice of contract that contains a complete property
description of the immovable, reference in any subsequent filing to the notice of contract,
together with its registry number or other appropriate recordation information, shall be
sufficient to meet the requirements of Subsection B of this Section. If the work is evidenced
by a notice of contract that contains either a complete property description of the immovable
or another reasonable identification of the immovable, reference to the notice of contract,
together with its registry number or other appropriate recordation information, shall be
deemed a reasonable identification of the immovable in a statement of claim or privilege
filed under this Part.
D. Reference in a statement of claim or privilege to a notice of contract that does not
contain a reasonable identification of the immovable shall not alone be sufficient to preserve
the privilege of the claimant against a third person having or acquiring an interest in the
immovable but shall nevertheless be sufficient to preserve all rights of the claimant against
the owner, the contractor, and his surety.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.

Legislative History

Acts 1981, No. 724, §1, eff. Jan. 1, 1982. Acts 1983, No. 589, §1; Acts 2012, No. 394, §2; Acts 2019, No. 325, §1.