Were 1978 Louisiana subdivision restrictions still enforceable in 2000?

Plain-English summary

A legislator asked whether the building restrictions for Lake Village Subdivision, Phase One, in St. Tammany Parish were enforceable. The restrictions had been recorded in November 1978 for a twenty-five-year term. In 2000, the attorney general's office said they appeared still to be within that term, but it could not determine whether they had been amended or terminated in whole or in part.

The opinion explained that Louisiana building restrictions were generally enforced by an injunction sought by the original subdivider or a landowner in the subdivision. It also identified rules for amendment, termination, abandonment, and the time limit for suing over a noticeable violation. It did not decide whether the particular restrictions could be enforced on the facts available.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Lake Village property owners at the time

The office said it appeared that the restrictions were still in effect as of the 2000 opinion. It left unresolved whether amendment or termination had changed the restrictions.

Subdivision developers and landowners at the time

The opinion identified an injunction as the usual enforcement method under Louisiana Civil Code Article 779 and cited Article 781's two-year limit measured from the start of a noticeable violation.

Common questions

Q: Did the AG confirm that every Lake Village restriction was enforceable?
A: No. It said the twenty-five-year term appeared still to be running, but lacked information to decide whether amendments or termination had changed the restrictions.

Q: Who could ordinarily enforce a building restriction?
A: The opinion identified the original subdivider and landowners in the subdivision as people who usually sought an injunction.

Q: Could the restrictions change before their stated term expired?
A: The opinion described the recorded restrictions' automatic-conformity clause and Civil Code rules for amendment or termination, including abandonment. It did not decide whether those events had occurred here.

Background and statutory framework

The office cited Louisiana Civil Code Articles 775–783 for building restrictions. Section 12 of Lake Village's recorded restrictions stated a twenty-five-year term from November 20, 1978. Section 19 provided for automatic conformity to local building codes or ordinances. The opinion discussed Articles 779–782 but expressly stopped short of deciding whether a change or termination had occurred.

Citations and references

• Louisiana Civil Code Article 779 (injunctions)
• Louisiana Civil Code Article 780 (amendment and termination)
• Louisiana Civil Code Article 781 (time to sue after noticeable violation)
• Louisiana Civil Code Article 782 (abandonment)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0352

Original opinion text

September 19, 2000
OPINION NO. 00-352

Honorable A.G. Crowe
State Representative
District 76
1181 Robert Blvd.
Slidell, LA 70458

Dear Representative Crowe:

You have requested an opinion from this office concerning the restrictions for Lake Village Subdivision, Phase One, located in St. Tammany Parish, Louisiana. A copy of those restrictions was submitted with your request, which asked whether or not they are enforceable; and, if so, how would they be enforced?

Building restrictions are governed by Louisiana Civil Code Articles 775 - 783, and are usually enforced by an action for injunction by either the original subdivider or by land owners in the subdivision. Louisiana Civil Code Article 779. However, no action may be brought after two years from the commencement of a noticeable violation of a building restriction. Louisiana Civil Code Article 781.

Section 12 of the submitted restrictions for Lake Village Subdivision, Phase One, provides for a twenty-five year term from the date of recording, and these restrictions were recorded on November 20, 1978. Thus, it appears that these restrictions are still in effect.

However, Section 19 of these restrictions also provides that they will automatically become amended to agree with and conform to the building codes or any ordinances governing subdivisions or the building of residences in St. Tammany Parish. Furthermore, Louisiana Civil Code Article 780 provides that building restrictions may be amended or terminated as provided in the act establishing the restrictions or, in the absence of such a provision, they may be amended or terminated for the whole or a part of the restricted area by agreement of the owners representing more than one half of the land area affected by the restrictions, excluding streets and street rights-of-way, if the restrictions have been in effect for at least fifteen years. Building restrictions will also be considered terminated if there is an abandonment of the entire restrictive plan or a general abandonment of a particular restriction. Louisiana Civil Code Article 782.

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OPINION NO. 00-352
Honorable A.G. Crowe
State Representative
District 76
Page No. 2

Based upon the information available to us, we are unable to comment on whether or not these restrictions may have either been amended or whether these restrictions may have been terminated either in whole or in part.

We hope that the above will be of assistance to you in this matter.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY:
ROBERT H. CARPENTER, JR.
Assistant Attorney General

RPI/RHC/tp

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OPINION NO. 00-352
Honorable A.G. Crowe
State Representative
District 76
Page No. 2

OPINION NO. 00-352

61 LAWS-General

La. Civil Code Articles 775-783

Generally discusses the enforcement, amendment and termination of building restrictions.

DATE REQUESTED:

DATE RELEASED: September 19, 2000

REQUESTED BY: HONORABLE A. G. CROWE
STATE REPRESENTATIVE
DISTRICT 76
1181 ROBERT BLVD.
SLIDELL, LA 70458

AUTHOR: ROBERT H. CARPENTER, JR.
Assistant Attorney General
Civil/ Lands & Natural Resources Section