RS 9:4831

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RS 9:4831

SUBPART E. FILING; CANCELLATION; PEREMPTION

§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.

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

NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.