La. R.S. » RS

La. Rev. Stat. § 31:43

A person is acting on behalf of the servitude owner only when there is a legal relationship between him and the servitude owner, such as co-ownership or agency, or when there is clear and convincing evidence that he intended to act for the servitude owner.  Silence or inaction by the servitude owner will not suffice to establish that a person is acting on behalf of the servitude owner.  

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§43.  When a person is acting on behalf of servitude owner

A person is acting on behalf of the servitude owner only when there is a legal relationship between him and the servitude owner, such as co-ownership or agency, or when there is clear and convincing evidence that he intended to act for the servitude owner.  Silence or inaction by the servitude owner will not suffice to establish that a person is acting on behalf of the servitude owner.  

Acts 1974, No. 50, §43, eff. Jan. 1, 1975.  

Notes of Decisions
Cited in 4 cases, 1986–2017 · leading case: State in Interest of AC
Sort: Relevance Newest Treatment
State in Interest of AC (1994) la “R.S. 31:43 (action on behalf of mineral servitude owner); La.”
Producers Oil & Gas Co. v. Nix (1986) lactapp · cites it 2× “LSA-R.S. 31:43, official revision comment; G.”
Dupree v. Oil, Gas & Other Minerals (1999) lactapp “R.S. 31:43 provides that "[a] person is acting on behalf of the servitude owner only when there is a legal relationship between him and the servitude owner, such as co-ownership or agency, or when there is clear and convincing evidence that he intended to act for the servitude…”
Smith v. Andrews (2017) lactapp · cites it 3× “R.S. 31:43 provides: A person is acting on behalf of the servitude owner only when there is a legal relationship between him and the servitude owner, such as co-ownership or agency, or when there is clear and convincing evidence that he intended to act for the servitude owner.”
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