How to Access Property Records in Louisiana

What Information Can You Find in Louisiana Property Records?

Since property records are public records, you can perform a property history search anytime, looking for whatever you need. You can find the homeowner and get additional information about a property using one of the search methods listed on this page.

Some of the things that a property history search may reveal include:

Deeds and Conveyance Records

A large number of property records will be deeds. They not only transfer ownership of property but also verify ownership. If you have the deed to your house, you can prove you own the building(s) and land. Deeds may or may not contain a warranty guaranteeing the authenticity of ownership.

All parties must sign deeds, and a notary must witness them. Some of the information contained in deeds includes:

• Name of the Seller/Grantor and Buyer/Grantee.
• A detailed description of the property.
• Maps and plats along with boundaries and sometimes surveys showing the acreage and edges of the property.
• Conveyance language explaining the ownership transfer from one person or entity to another.
• Notarization and execution are at the bottom, where everyone signs to make it legal.

Much of the language contained in deeds refers to the warranty implied or specified and the conveyance of the land from one or more parties to another.

Property Tax Records

Property taxes are an essential component of the local economy in Louisiana. They pay for things like road maintenance, schools, police, fire, and other local services. Everyone who owns property in Louisiana must pay annual taxes on it.

Louisiana property taxes vary from 0.18% to 2.90%, with an average effective property tax rate of 0.51%. Although taxes vary widely from parish to parish, the average homeowner pays around $681, which is very low taxes.

The following information usually appears in a Louisiana property tax record:

• Exemption - The document will show any exemptions that apply to the property and how they are deducted from tax calculations. A popular exemption is the Homestead Exemption.
• Assessments - A property tax bill should show the assessed or taxable value of the property, as this is the basis for calculating property taxes.
• Millages - The millage rate applies to property tax calculations. It differs according to the parish or local area, so it should appear on the document.
• Payment History - The document will show the history of payments made toward the tax bill. It will also show pending amounts and deadlines.

How Often is Property Tax in Louisiana Assessed?

Assessors must reassess real property every four years. Assessors have their way of conducting the assessment but must follow guidelines stipulated by state laws. The standard process goes as follows:

• Valuation - The assessor has to determine the value of the piece of property. Assessors usually find the value by first finding the selling price of similar properties, the cost of replacing it in the present day, the amount it takes to operate and keep the property in repair, the amount of rent the property may earn, factors affecting property value, and other economic factors.
• Assessment Value - The assessor determines the assessment value used in tax calculations after determining the market value.
• Assessment Notice - The assessor then sends a notice to the property owner, including the property's applicable exemptions.
• Review and Appeal - If they think their assessed value is unfair, property owners can appeal to the Louisiana Tax Commission by filling out a 'Notice of Appeal Request For Board of Review' form at the assessor's office.
• Finalizing - The tax collector prepares and sends the owner's tax bill after finalization.

Building Permits and Regulations in Louisiana

Before building something new or adding an addition to an existing structure, you must obtain a building permit. They are also required for renovations and demolition of buildings.

The state of Louisiana has partnered with a third-party service to make obtaining building permits quick and easy. The process can be completed online through the MyGovernmentOnline website. The city of Baton Rouge has more information about building permits.

Property Liens and Encumbrances in Louisiana

Encumbrances like liens negatively affect a property and show up in property records. A single mortgage and lien aren't bad, but multiple involuntary liens paint an ugly picture. Liens can affect the sale and value of a property. There are two main types: voluntary liens and involuntary liens.

Voluntary Liens

Voluntary liens are those that you enter into voluntarily. If you take out a loan, you allow the lender to place a lien on the property in return for lending you the money.

• Mortgage Liens - Mortgage liens are when you take out a mortgage, and the bank places a lien on the home until you pay off the loan. The lien gives the lender the right to foreclose and sell your home if you default on the loan.

  The following information is usually present in a standard mortgage document:

  • Names of Those Involved - The document will detail the lender's and borrower's rights and responsibilities.
  • Property Description - A mortgage document has to identify the property being put up as collateral in case of default.
  • Loan Amount and Terms - The document will show the initial borrowed amount, the applicable interest rate, and, thus, the amount to be repaid. The composition may also detail the repayment terms, such as minimum contributions, frequency, and the loan's duration.
  • Default Penalties - The document should show the consequences of default or late payments.
  • Priority and Subordination - If there are multiple liens or mortgages on the property, the document will outline the priority of the mortgage.

Involuntary Liens

Involuntary liens are not within your control. They are imposed by government offices, the courts, vendors, and creditors to whom you own money and refuse to pay. Involuntary liens almost always result in foreclosure and the loss of your home.

• Mechanic's Liens - When a contractor, material supplier, or laborer works on your property, and you don't pay them for the work, they can place a mechanic's lien on your property. They must follow strict rules and a tight timeline, but once placed there, they will be paid from the proceeds if the house is sold.
• Tax Liens - Everyone must pay property taxes. If you fail to pay your annual taxes, the tax assessor can put a lien on your property and eventually foreclose and sell the house at auction to pay off the back taxes.
• Judgment Liens - Judgment liens work like mechanic's liens, but they are for creditors you owe money to. Once the lien is in place, the creditors can sue you in court, foreclose, and sell the property to get their money back.

The Process of Property Liens in Louisiana

There are different ways of putting a lien on a property depending on the type of lien. However, the standard process is as follows:

• The first step is sending a notice. Louisiana has unique notice requirements, which require the creditor to file a notice under four scenarios. First, if the lender is contracted with the owner on any project type over $25,000 in value, they must file a 'Notice Of Contract' before the work starts. Secondly, if the lender is contracted with an owner-occupant, they must deliver a 'Notice of Lien Rights' to the owner before the work begins. Thirdly, if the lender is a material supplier, they must provide a 'Notice of Non-Payment' at least ten days before filing the mechanic's lien. Finally, if the lender is renting equipment, they must provide a copy of the lease plus a 'Notice of Lease' to the property owner a maximum of 10 days after supply.
• Next, the lender must complete a mechanic's lien form with the correct details, including their information, the owner's information, the hiring party, the lien amount, the property description, and the labor or materials provided.
• The next step is filing the lien. The general deadline is within two months or 60 days of the project's completion date. However, since deadlines depend on the role played, checking lien regulations or the clerk's office for the exact deadline is important. Liens must be filed with the correct fees and paper sizes at the Clerk's office.
• After filing, the lender must send a copy to the property owner. If the lender does not have direct contact with the owner, they may serve the form to the general contractor.

Easements and Covenants

Easements and covenants often accompany deeds and other property records. These dictate specifics about the use of the property. Easements are rights-of-way giving someone or a company the right to access the land without the owner's permission. For example, if someone sells access rights to a drilling company to drill oil, if someone new buys that land, that right to access is grandfathered in so the company can continue to work on it regardless of who owns it.

Covenants are rules about how the property can be used. They are often found in condos and fancy gated communities. An example is common area use, where no one person living in the development can host a party in a shared area.

Plats and Surveys

Plats and surveys are both types of maps regarding the property. Plats show the boundaries of all the properties surrounding the target property, and surveys show only the boundaries of the target property.

The following information may be included and available for public viewing:

• Landmarks and Monuments - Survey records often describe and identify the physical monuments and landmarks that establish the property boundaries.
• Rights of Way - The surveys may document any recorded rights of way or easements affecting the property.
• Encroachments - Surveys may indicate overlaps with neighboring properties or improvements such as fences.
• Legal Description - Property surveys, like other property records, may include a legal description that details the location and boundaries.
• Property Boundary Lines - Surveys may show the property's boundaries, including the measurement and dimensions of each boundary line.

Property Descriptions and Boundaries in Louisiana

Another essential piece of property information is the property description. Most people don't even think about that. The legal property description includes map coordinates, plats, surveys, and a written description including natural landmarks so anyone can identify the parcel of land.

Surveys measure the land and provide pinpoint map coordinates to separate each property by accurate boundaries. Surveys are performed with new construction, utilities placement, and sometimes in boundary disputes.

Boundary disputes occur when someone thinks another person is unlawfully using or trespassing on their land. These usually end up in court, where a judge decides the fate of both parties. The court often relies on the testimony of professional surveyors.

Foreclosures

Foreclosure occurs when the homeowner has not paid the mortgage or taxes, and the lienholder has executed their rights to seize and sell the house to get their money back. Foreclosure homes are more complicated to sell, and many buyers may shy away from taking that route.

Pre-foreclosure homes are in the foreclosure process but are not yet complete. Investors look for these homes to buy cheaply and sell for a profit. You can easily find them by checking county/parish and realty websites.