purchaser inquiry in Louisiana

2005SNG also cited Brown v. Johnson, 11 So.2d 713 (1942), in which the court held that all persons have constructive notice of the existence and contents of a recorded instrument affecting immovable property, and where such an instrument contains language that fairly puts a purchaser on inquiry as to the title and he does not avail himself of the means and facilities at hand to obtain knowledge of the true facts he is to be considered as having bought at his own risk and peril.

1983Blevins v. Manufacturers Record Publishing Co. [ 235 La. 708 ], 105 So.2d 392 (La.S.Ct.1958). `It is also the law that all persons have constructive notice of the existence and contents of a recorded instrument affecting immovable property ( United Gas Public Service Company v. Roy, et al, 147 So. 705 (La.App. 2d Cir.1933); and where such an instrument contains language that fairly puts a purchaser on inquiry as to the title and he does not avail himself of the means and facilities at hand to obtain knowledge of the true facts he is to be considered as having bought at his own risk and peril.'

1999Blevins v. Manufacturers Record Publishing Co., [ 235 La. 708 ], 105 So.2d 392 (La.S.Ct.195[7]). `It is also the law that all persons have constructive notice of the existence and contents of a recorded instrument affecting immovable property *181 ( United Gas Public Service Company v. Roy, et al., 147 So. 705 (La.App. 2d Cir.1933)); and where such an instrument contains language that fairly puts a purchaser on inquiry as to the title and he does not avail himself of the means and facilities at hand to obtain knowledge of the true facts he is to be considered as having bought at his own risk a

1991Broussard v. Broussard, 45 La.Ann. 1085 , 13 So. 699 ; Fletcher v. Peck, 6 Cranch 87 , 3 L.Ed. 162 ; Succession of Guillory, 29 La.Ann. 495 ; Chaffe v. Ludeling, 34 La.Ann. [962], 967.’ * * * * * * It is also the law that all persons have constructive notice of the existence and contents of a recorded instrument affecting immovable property (United Gas Public Service Company v. Roy et al., La.App., 147 So. 705 ); and where such an instrument contains language that fairly puts a purchaser on inquiry as to the title and he does not avail himself of the means and facilities at hand to obtain know

1991Breaux-Renoudet Cypress-Lumber Company v. Shadel et al., 52 La.Ann. 2094 , 28 So. 292 .

1964Furthermore, as stated in Brown et al. v. Johnson et al., supra, "It is also the law that all persons have constructive notice of the existence and contents of a recorded instrument affecting immovable property (United Gas Public Service Company v. Roy et al., La.App., 147 So. 705 ); and where such an instrument contains language that fairly puts a purchaser on inquiry as to the title and he does not avail himself of the means and facilities at hand to obtain knowledge of the true facts he is to be considered as having bought at his own risk and peril Breaux-Renoudet Cypress-Lumber Company v.

2018"The subsequent purchaser rule is a jurisprudential rule which provides that a property owner 'has no right or actual interest in recovering from a third party for damage which was inflicted on the property before his purchase, in the absence of an assignment or subrogation of the rights belonging to the owner of the property when the damages was inflicted.' " Grace Ranch, LLC v. BP America Production Company , 17-1144, p. 4-5 (La.App. 3 Cir. 7/18/18), 252 So.3d 546 , 550-51 (citing *563 Eagle Pipe & Supply, Inc. v. Amerada Hess Corp. , 10-2268, 10-2272, 10-2275, 10-2289, p.8 (La. 10/25/11), 7

2018"The subsequent purchaser rule is a jurisprudential rule which provides that a property owner 'has no right or actual interest in recovering from a third party for damage which was inflicted on the property before his purchase, in the absence of an assignment or subrogation of the rights belonging to the owner of the property when the damages was inflicted.' " Grace Ranch, LLC v. BP America Production Company , 17-1144, p. 4-5 (La.App. 3 Cir. 7/18/18), 252 So.3d 546 , 550-51 (citing *563 Eagle Pipe & Supply, Inc. v. Amerada Hess Corp. , 10-2268, 10-2272, 10-2275, 10-2289, p.8 (La. 10/25/11), 7

1999Blevins v. Manufacturers Record Publishing Co., [ 235 La. 708 ], 105 So.2d 392 (La.S.Ct.195[7]). `It is also the law that all persons have constructive notice of the existence and contents of a recorded instrument affecting immovable property *181 ( United Gas Public Service Company v. Roy, et al., 147 So. 705 (La.App. 2d Cir.1933)); and where such an instrument contains language that fairly puts a purchaser on inquiry as to the title and he does not avail himself of the means and facilities at hand to obtain knowledge of the true facts he is to be considered as having bought at his own risk a

1999Blevins v. Manufacturers Record Publishing Co., [ 235 La. 708 ], 105 So.2d 392 (La.S.Ct.195[7]). `It is also the law that all persons have constructive notice of the existence and contents of a recorded instrument affecting immovable property *181 ( United Gas Public Service Company v. Roy, et al., 147 So. 705 (La.App. 2d Cir.1933)); and where such an instrument contains language that fairly puts a purchaser on inquiry as to the title and he does not avail himself of the means and facilities at hand to obtain knowledge of the true facts he is to be considered as having bought at his own risk a

1972Also applicable here is the jurisprudence that all persons have constructive notice of the existence and contents of recorded instruments affecting the ownership of immovable property, and if a recorded instrument fairly puts a purchaser on inquiry as to some question in the title, he buys at his own risk, Wells v. Joseph, 234 La. 780 , 101 So.2d 667 (1958); Brown v. Johnson, La.App., 11 So.2d 713 , and Arnold v. Sun Oil Company, 218 La. 50 , 48 So.2d 369 .

1972Also applicable here is the jurisprudence that all persons have constructive notice of the existence and contents of recorded instruments affecting the ownership of immovable property, and if a recorded instrument fairly puts a purchaser on inquiry as to some question in the title, he buys at his own risk, Wells v. Joseph, 234 La. 780 , 101 So.2d 667 (1958); Brown v. Johnson, La.App., 11 So.2d 713 , and Arnold v. Sun Oil Company, 218 La. 50 , 48 So.2d 369 .

1972Also applicable here is the jurisprudence that all persons have constructive notice of the existence and contents of recorded instruments affecting the ownership of immovable property, and if a recorded instrument fairly puts a purchaser on inquiry as to some question in the title, he buys at his own risk, Wells v. Joseph, 234 La. 780 , 101 So.2d 667 (1958); Brown v. Johnson, La.App., 11 So.2d 713 , and Arnold v. Sun Oil Company, 218 La. 50 , 48 So.2d 369 .

1972Also applicable here is the jurisprudence that all persons have constructive notice of the existence and contents of recorded instruments affecting the ownership of immovable property, and if a recorded instrument fairly puts a purchaser on inquiry as to some question in the title, he buys at his own risk, Wells v. Joseph, 234 La. 780 , 101 So.2d 667 (1958); Brown v. Johnson, La.App., 11 So.2d 713 , and Arnold v. Sun Oil Company, 218 La. 50 , 48 So.2d 369 .

2021L.L.C. v. Blue Mill Farms Inc., 153 So. 3d at 1209 , where this court, relying on the principles articulated by the Supreme Court in Marin and Eagle Pipe, affirmed the trial court' s determination that plaintiff had no right to sue defendants based on assignments obtained from mineral servitude owners after the mineral leases expired. 32 asserting claims for damages sustained prior to its purchase of the property.

2018In Global Marketing Solutions, LLC v. Blue Mill Farms, Inc. , 13-2132 (La.App. 1 Cir. 9/19/14) , 153 So.3d 1209 , writ denied , 14-2572 (La. 4/23/15), 173 So.3d 1164 , the first circuit affirmed the trial court's holding that the subsequent purchaser rule prevents claims against former mineral lessees under expired mineral leases.

2013Marin v. Exxon Mobil Corp., 2008-1724 (La.App. 1 Cir. 9/30/09) , 2009 WL 7004332 (unpub.); Eagle Pipe & Supply Co. v. Amerada Hess Corp., 2009-0298 (La.App. 4 Cir. 2/10/10) , 47 So.2d 428 , 174 Oil & Gas Rep. 19 .

2013Marin v. Exxon Mobil Corp., 2008-1724 (La.App. 1 Cir. 9/30/09) , 2009 WL 7004332 (unpub.); Eagle Pipe & Supply Co. v. Amerada Hess Corp., 2009-0298 (La.App. 4 Cir. 2/10/10) , 47 So.2d 428 , 174 Oil & Gas Rep. 19 .

1963Brown v. Johnson, La.App. 2 Cir., 11 So.2d *664 713 (Cert. denied); Wise v. Watkins, 222 La. 493 , 62 So.2d 653 ; Wells v. Joseph, 234 La. 780 , 101 So.2d 667 ; Blevins v. Manufacturers Record Publishing Company, 235 La. 708 , 105 So.2d 392 .

1963Brown v. Johnson, La.App. 2 Cir., 11 So.2d *664 713 (Cert. denied); Wise v. Watkins, 222 La. 493 , 62 So.2d 653 ; Wells v. Joseph, 234 La. 780 , 101 So.2d 667 ; Blevins v. Manufacturers Record Publishing Company, 235 La. 708 , 105 So.2d 392 .

2021App. 1 st Cir. 4/ 8/ 98), 711 So. 2d 337, 341 , writ denied, 98- 1791 ( La. 10/ 9/ 98), 726 So.2d 897 ( recognizing that the subsequent purchaser doctrine applied to a non -sale transfer of property from one closely held corporation to another, even when both were formed and wholly owned by the same shareholder).

2021App. 1 st Cir. 4/ 8/ 98), 711 So. 2d 337, 341 , writ denied, 98- 1791 ( La. 10/ 9/ 98), 726 So.2d 897 ( recognizing that the subsequent purchaser doctrine applied to a non -sale transfer of property from one closely held corporation to another, even when both were formed and wholly owned by the same shareholder).

2018In affirming the trial court's grant of summary judgment in favor of the former mineral lessees, this court in Bundrick , 159 So.3d at 1143 , agreed that "the subsequent purchaser rule applies in matters involving mineral leases." We agree with this circuit's holding enunciated in Boone , 139 So.3d 1047 , and Bundrick , 159 So.3d 1137 , despite Grace Ranch's reference to *552 Duck v. Hunt Oil Co. , 13-628, p. 6 (La.App. 3 Cir. 3/5/14), 134 So.3d 114 , 119, writs denied , 14-703, 14-709, 14-715, 14-735 (La. 6/13/14), 140 So.3d 1189 , 1190, wherein this court held that, "By its own terms, Eagle

2018We further note that in Duck , 134 So.3d at 122 , the plaintiff ultimately maintained a right of action to bring suit based upon this court's finding that "the Burrill and Farrar Leases [contained] a stipulation pour autrui for the benefit of third parties." Other Louisiana circuits have also held that the subsequent purchaser rule applies to mineral leases.

2018In affirming the trial court's grant of summary judgment in favor of the former mineral lessees, this court in Bundrick , 159 So.3d at 1143 , agreed that "the subsequent purchaser rule applies in matters involving mineral leases." We agree with this circuit's holding enunciated in Boone , 139 So.3d 1047 , and Bundrick , 159 So.3d 1137 , despite Grace Ranch's reference to *552 Duck v. Hunt Oil Co. , 13-628, p. 6 (La.App. 3 Cir. 3/5/14), 134 So.3d 114 , 119, writs denied , 14-703, 14-709, 14-715, 14-735 (La. 6/13/14), 140 So.3d 1189 , 1190, wherein this court held that, "By its own terms, Eagle

2018In affirming the trial court's grant of summary judgment in favor of the former mineral lessees, this court in Bundrick , 159 So.3d at 1143 , agreed that "the subsequent purchaser rule applies in matters involving mineral leases." We agree with this circuit's holding enunciated in Boone , 139 So.3d 1047 , and Bundrick , 159 So.3d 1137 , despite Grace Ranch's reference to *552 Duck v. Hunt Oil Co. , 13-628, p. 6 (La.App. 3 Cir. 3/5/14), 134 So.3d 114 , 119, writs denied , 14-703, 14-709, 14-715, 14-735 (La. 6/13/14), 140 So.3d 1189 , 1190, wherein this court held that, "By its own terms, Eagle

2018In affirming the trial court's grant of the lessee's motion for summary judgment and exception of prescription, this court in Boone , 139 So.3d at 1055 , held that, "Under the subsequent purchaser doctrine, [property owners] do not have a right of action to sue the lessee for damages occurring prior to their acquisition of the property." In Bundrick v. Anadarko Petroleum Corp. , 14-993 (La.App. 3 Cir. 3/4/15) , 159 So.3d 1137 , writ denied , 15-557 (La. 11/16/15), 184 So.3d 24 , the owners of interests in land brought an action against the former mineral lessees asserting claims of negligence

2018In affirming the trial court's grant of the lessee's motion for summary judgment and exception of prescription, this court in Boone , 139 So.3d at 1055 , held that, "Under the subsequent purchaser doctrine, [property owners] do not have a right of action to sue the lessee for damages occurring prior to their acquisition of the property." In Bundrick v. Anadarko Petroleum Corp. , 14-993 (La.App. 3 Cir. 3/4/15) , 159 So.3d 1137 , writ denied , 15-557 (La. 11/16/15), 184 So.3d 24 , the owners of interests in land brought an action against the former mineral lessees asserting claims of negligence

2018Likewise, in Walton v. Exxon Mobil Corp. , 49,569, p. 14 (La.App. 2 Cir. 2/26/15), 162 So.3d 490 , 498, writ denied , 15-569 (La. 11/16/15), 184 So.3d 25 , the second circuit affirmed the trial court's holding that the subsequent purchaser rule precluded landowners from asserting tort claims for pre-purchase damages against past and present mineral lessees and servitude owners because such claims "were the personal rights and claims of the former surface owners." Accordingly, Grace Ranch's first assignment of error is without merit.

2018Likewise, in Walton v. Exxon Mobil Corp. , 49,569, p. 14 (La.App. 2 Cir. 2/26/15), 162 So.3d 490 , 498, writ denied , 15-569 (La. 11/16/15), 184 So.3d 25 , the second circuit affirmed the trial court's holding that the subsequent purchaser rule precluded landowners from asserting tort claims for pre-purchase damages against past and present mineral lessees and servitude owners because such claims "were the personal rights and claims of the former surface owners." Accordingly, Grace Ranch's first assignment of error is without merit.

2018In Global Marketing Solutions, LLC v. Blue Mill Farms, Inc. , 13-2132 (La.App. 1 Cir. 9/19/14) , 153 So.3d 1209 , writ denied , 14-2572 (La. 4/23/15), 173 So.3d 1164 , the first circuit affirmed the trial court's holding that the subsequent purchaser rule prevents claims against former mineral lessees under expired mineral leases.

2018In Global Marketing Solutions, LLC v. Blue Mill Farms, Inc. , 13-2132 (La.App. 1 Cir. 9/19/14) , 153 So.3d 1209 , writ denied , 14-2572 (La. 4/23/15), 173 So.3d 1164 , the first circuit affirmed the trial court's holding that the subsequent purchaser rule prevents claims against former mineral lessees under expired mineral leases.

2018Likewise, in Walton v. Exxon Mobil Corp. , 49,569, p. 14 (La.App. 2 Cir. 2/26/15), 162 So.3d 490 , 498, writ denied , 15-569 (La. 11/16/15), 184 So.3d 25 , the second circuit affirmed the trial court's holding that the subsequent purchaser rule precluded landowners from asserting tort claims for pre-purchase damages against past and present mineral lessees and servitude owners because such claims "were the personal rights and claims of the former surface owners." Accordingly, Grace Ranch's first assignment of error is without merit.

2018Likewise, in Walton v. Exxon Mobil Corp. , 49,569, p. 14 (La.App. 2 Cir. 2/26/15), 162 So.3d 490 , 498, writ denied , 15-569 (La. 11/16/15), 184 So.3d 25 , the second circuit affirmed the trial court's holding that the subsequent purchaser rule precluded landowners from asserting tort claims for pre-purchase damages against past and present mineral lessees and servitude owners because such claims "were the personal rights and claims of the former surface owners." Accordingly, Grace Ranch's first assignment of error is without merit.

2018In affirming the trial court's grant of the lessee's motion for summary judgment and exception of prescription, this court in Boone , 139 So.3d at 1055 , held that, "Under the subsequent purchaser doctrine, [property owners] do not have a right of action to sue the lessee for damages occurring prior to their acquisition of the property." In Bundrick v. Anadarko Petroleum Corp. , 14-993 (La.App. 3 Cir. 3/4/15) , 159 So.3d 1137 , writ denied , 15-557 (La. 11/16/15), 184 So.3d 24 , the owners of interests in land brought an action against the former mineral lessees asserting claims of negligence

2015R.S. 30:29; State v. Louisiana Land & Exploration Co., 12-0884 (La.1/30/13), 110 So.3d 1038 .

2014The subsequent purchaser doctrine is not limited to tort claims, as shown in Clark, 6 La.Ann. 408 , and it is not limited to cases involving expired leases, as suggested by the Boones.

2014In its comprehensive analysis of the doctrine, the court in Eagle Pipe and Supply, Inc., 79 So.3d at 266 (emphasis added) (footnote omitted), discussed further jurisprudence that included the relevant issues, as follows: In Matthews v. Alsworth, 45 La.Ann. 465 , 12 So. 518 (1893), property was sold subject to an existing lease.

2013R.S. 31:22 obligates the owner of a mineral servitude to “restore the surface to its original condition at the earliest reasonable time.” To prove that Art. 22 is unaffected by the subsequent purchaser doctrine, they cite a case in which the first circuit upheld the Office of Conservation’s creation of a coal seam natural gas unit in LaSalle Parish, Six C Properties LLC v. Welsh, 2010-1913 (La.App. 1 Cir. 5/26/11) , 68 So.3d 609 , writ granted, 2011-1353 (La.11/14/11), 75 So.2d 440 .

2013R.S. 31:22 obligates the owner of a mineral servitude to “restore the surface to its original condition at the earliest reasonable time.” To prove that Art. 22 is unaffected by the subsequent purchaser doctrine, they cite a case in which the first circuit upheld the Office of Conservation’s creation of a coal seam natural gas unit in LaSalle Parish, Six C Properties LLC v. Welsh, 2010-1913 (La.App. 1 Cir. 5/26/11) , 68 So.3d 609 , writ granted, 2011-1353 (La.11/14/11), 75 So.2d 440 .