High Tech Zoning Tool You Should Know About

 

 

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The City of New Orleans website has a cool new mapping tool that allows you to zoom in on any lot in Orleans Parish and obtain up to date zoning information.

You can:

• View the city in satellite imagery or as street map.

• Search by street address or drag and click on a location.

• Create custom layers that show lot, square, zoning and future land use.

For each lot it will tell you the zoning designation, description and when the map was last updated. Click on each item for more detailed information and a link to the zoning ordinance itself. Check your neighbors. Check yourself. Check the commercial development on the corner.

The Comprehensive Zoning Ordinance is the “blue print” to new developments in New Orleans real estate. Last updated in the 1970’s a new ordinance is in the process of being adopted. It will afford predictability and uniformity to what has been an ad hoc process of appeals for each non-conforming use and waiver. The goal has been to balance comprehensiveness and simplicity, so that the average citizen can understand it. High tech mapping tools have allowed the City to analyze neighborhood patterns of use as never before which should lead to fairer and more just decisions.

You will find a link to the Planning and Zoning Lookup Tool on the City’s website at:

www.nola.gov/city-planning/planning-and-zoning-lookup-tool/

 

 

 

Real Estate Liens and Judgments — How to Cancel Them?

Liens and Judgments that are recorded in the Land Records Division of the Clerk of Court of Orleans Parish are indexed under the names of the parties. They act as clouds on the titles of real estate owned by the parties cast in judgment. Fortunately, there are several ways to cancel them.

Note: Formally, the Land Records Division of Orleans Parish was divided between the Notarial Archives, the Mortgage and the Conveyance offices. Now, all documents in Orleans Parish are filed once, in one place, making Orleans conform to the practices of other Louisianan parishes.

Here are the major ways to cancel a Judgment:

1. Consent of the parties – usually upon payment or settlement of the Judgment balance.

2. Prescription – the effect of recordation ceases 10 years from the date of the Judgment,
unless it is re-inscribed..

3. Order of a Bankruptcy Court – upon motion and hearing the Bankruptcy Court may order the cancellation for a debtor’s lack of equity in the property.

4. Erasure by State Court – usually by a Mandamus proceeding for the failure of the
Clerk to take action.

Here are the major ways to cancel a Mechanics’ Lien:

1. Release by the Lien Filer.

2. Order of the Court in Suit to Compel Release.

3. Prescription if more than a year has passed and no lis pendes (notice of suit) has been filed in Land Records.

Here are the major ways to cancel City Code Enforcement Liens:

1. Consent of the parties – upon payment of the fine, penalty and costs or settlement..

2. Order of the Court – after filing a timely appeal in a lawsuit.

Here is the way to cancel a Federal IRS Lien:

1. Consent of the IRS after notification of prescription or payment.

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Does a Succession Containing Real Estate Have to be Judicially Opened?

If the estate is valued at $75,000.00, or less, you don’t have to open a judicial succession. Even if it contains immovable property. Seventy-five thousand dollars doesn’t buy much of a house, but consider this. If the person was married and in community, the value of the decedent’s interest in the jointly owned property is half the market value. Surely, there are many properties in New Orleans, Metairie and Covington worth $150,000.00, or less.

JohnMenszer2-Crop_-2510Instead of opening a succession judicially the heirs merely execute an affidavit. The affidavit must contain the date of death, the marital status of the decedent, the names and addresses of the heirs, a description of the property of the estate with its value at the date of death and a statement that the person died without a will.

To transfer the real estate the affidavit is filed in the public conveyance records. There is no filing of a succession lawsuit, no filing fees to pay, no drafting of all the required documents and no judgment of possession to be signed by a judge. There is just a simple affidavit of nine points that can be executed in the lawyers office.

The main requirements are these. The deceased must have died without a will. The aggregate estate of all the property must be $75,000.00, or less. At least two heirs must sign the affidavit and if there is a surviving spouse one of the two heirs must include the spouse. Nothing could be simpler.