Fill and Sign the 28 68 301 Statutory Form Power of Attorney Justia Law

______ ___ , 20 ___ ______________ Attorney at Law ______________ ______ , LA ______ ______________ ______ , LA ______ RE: Title Opinion Tract ___ , Lot ___ Section ___ , T ___ S R ___ E Gentlemen: Pursuant to your request, I certify that based on personal examination of the public records of ______ Parish, Louisiana, affecting the title to the property hereinafter described, and subject to the remarks hereinafter noted, as of this date, the marketable title to the property is vested in: ______________ and ______________ , husband and wife, both residents of ______ Parish, Louisiana; I. DESCRIPTI ON AND ACQUISITION OF PROPERTY: That certain tract or parcel of land, with all buildings and improvements situated thereon, located in Section ___ , Township ___ South, Range ___ East, ___ Parish, Louisiana, containing ______ acre s, more or less, measuring ______ feet front, more or less, on ______ , by a depth on the North side of ______ feet, mo re or less, the South side measuring ______ feet, more or less, and the East side measuring ______ feet, more or less, and bounded on the North by Tract ___ of Plat of Survey hereinafter mentioned, South by Lot ___ of said Plat, East by ______________ , and West by ______________ ; and being depicted and delineated as "Tract ___ " on Plat of Survey marked Exhibit "B" attached to Act of Partition hereinafter referred to. Being a portion of the same property acquired by ______________ , husband of ______________ , by Judgment of Possession in the matter entitled "Succession of ______________ , wife of ______________ ," Docket Number ______ of the ______ Judicial District Court, Parish of ______ , rec orded in Conveyance Book ___ , at Folio __ _, under Entry No. ___ , on the ___ day of ______ ____ , of the records of ______ Parish, and by an Act of Partition between ______________ and ______________ , dated the ___ day of ______ ____ , and filed of record on the ___ day of ______ ____ , in Conveyance Book ___ , at Folio ___ , under Entry No. ___ of the records of ______ Parish. II. CONVEYANCE RECORDS: NOTE: (l) In researching the public records of ______ Parish, it must be noted that there we re no succession proceedings, nor were there any Judgments of Possession recorded by the heirs of ______________ or his wife, ______________ , although ______________ 's property was partitioned in ______ by his purported heirs. It should also be noted that in ______ ____ , an Affidavit of Death, Heirship and Domicile was filed of record in ______ Parish, on Conveyance Book ___ , at Folio ___ , under Entry No. ___ of the records of ______ Parish, signed by ______________ and ______________ , purporting to list all heirs of ______________ and ______________ , which list corresponds to participants of the partition in ______ . (A copy of said Affidavit is attached hereto and made a part hereof.) NOTE: (2) It should be noted that in the Judgment of Possession of the Succession of ______________ , wife of ___ ___________ , it is not clear if ______________ was granted the usufruct over the separate property of ______________ . As the Succession was filed in ______ Parish, I do not have access to the succession proceedings to fully satisfy this writer whether ______________ was granted the usufruct or not. It should also be noted that the Louisiana Civil Code Article 890 provides that a usufruct over the separate property of the decedent may be granted by testament. I would respectfully suggest that if ______________ died intestate, that ______________ would not have been granted a usufruct over her separate property, but this can only be determined by an examination of the probate records in ______ Parish. (l) That certain easement by and between ______________ and ______________ , dated the ___ day of ______ ____ , and filed of record on the ___ day of ______ ____ , in Conveyance Book ___ , at Folio ___ , under Entry No. ___ of the records of ______ Parish. REQUIREMENT: Comply with easement. (2) That certain right -of -way deed by and between ______________ and the State of Louisiana, Department of Highways, pertaining to State Project No. ___ , State Route No. ___ , dated the ___ day of ______ ____ , and filed of record on the ___ day of ______ ____ , in Conveyance Book ___ , at Folio ___ , under Entry No. ___ of the records of ______ Parish. REQUIREMENT: Comply with right of way. (3) That certain servitude by and between ______________ and the United States, pertaining to the ______________ Protection Levee, dated the ___ day of __ ____ ____ , and filed of record on the ___ day of ______ ____ , in Conveyance Book ___ , at Folio ___ , under Entry No. ___ of the records of ______ Parish. REQUIREMENT: Comply with servitude. (4) That certain easement or servitude pertaining to the location, construction, maintenance and operation of the Gulf Intracoastal Waterway between ______________ and the United States of America, dated the ___ day of ______ ____ , and filed of record on the ___ day of ______ ____ , in Conveyance Book ___ , at Folio ___ , under Entry No. ___ , of the records of ______ Parish. REQUIREMENT : Comply with easement. (5) Tha t certain Right of Way Deed by and between ______________ and the Department of Highways of th e State of Louisiana, pertaining to State Route La. ___ , ____ Parish, dated the ___ day of ______ ____ , and filed of record on the ___ day of ______ ____ , in Conveyance Book ___ , at Folio ___ , under Entry No. ___ of the records of ______ Parish. REQUIREMENT: Comply with right of way deed. (6) That certain Right of Way Permit by and between ______________ and ______________ , dated the ___ day of ______ ____ , and filed of record on the ___ day of ______ ____ , in Conveyance Book ___ , at Folio ___ , under Entry no. ___ of the records of ______ Parish. (7) That certain Cash Sale by and between ______________ and ______________ and ______ ________ , dated the ___ day of ______ ____ , and filed of record on the ___ day of ______ ____ , in Conveyance Book ___ , at Folio ___ , under Entry No. ___ , of the records of ______ Parish, Louisiana. NOTE: The consideration for this cash sale was the price and sum of ______________ DOLLARS ($ ______ ). It should be noted th at the vendor may have a cause of action against the vendee for lesion beyond moiety, pursuant to LSA -C.C. Art. 2589. In addition, the Cash Sale previously mentioned does not contain any warranty whatsoever. REQUIREMENT: Comply with right of way permit. III. MORTGAGES: None. IV. SUITS: None. V. MISCELLANEOUS RECORDS: None. VI. STATE, PARISH AND LOCAL TAXES DUE: The aforesaid property was assessed in the amount of $ ______ , in the names of ______________ and ______________ for the year ____ , under Assessment Number ___ , and the taxes in the amount of $ ______ were paid on ______ ___ , ______ . VII. SEGREGATION: Plats of Survey on record in the Office of the Clerk of Court, ______ Parish, Louisiana, reflect the subject prope rty to be situated in Section ___ , Township ___ South, Range ___ East, as follows: (l) Lots ___ , ___ , ___ and ___ ______ acres Purchaser - ______________ Date of Sale - ___ ___ , ____ No. of Receipt & Cert. of Purchase - ______ (2) Lots ___ and ___ and ___ of ___ ______ acres Purchaser - ______________ Date of Sale - ___ ___ , ____ No. of Receipt - ______ ______ acres Sel. by State Mch 2/49 Rej. conflicts with previous sale. (3) ______ acres Sel. State Mch. 2/49 - Rej. conflicts previous sale. This opinion covers only properly indexed materials as reflected by the vendor, mortgagor, suit -defendant, miscellaneous -grantor, and probate indices of the records of the St. Martin Parish Clerk of Cou rt. It does not cover possession exercised on the property, unrecorded servitudes, easements or encumbrances, overlaps or overhangs, questions of boundary or quantity of land or similar matters as could be determined only by an accurate survey and inspect ion of the property described above; or the effect of zoning or other land use laws or regulations bearing on the property described above, including but not limited to any and all environmental protection lien or liens, notices or violations recorded or u nrecorded, any and all environmental rules, regulations, laws, or mandates of any federal, state or local government, governmental agency, committee, commission or body of any kind, nor does this opinion cover the use or uses, past or present, of the subje ct property by any person or persons, natural or otherwise which may be or may have been in contravention or violation of any environmental rules, regulations, laws or mandates of any federal, state or local government, governmental agency, committee, comm ission or body of any kind. This opinion does not cover the past, present or future environmental soundness or quality of the subject property. This certificate was rendered following an examination of said records of __ ____ Parish, Louisiana, for a period of 52 years prior to the date of this letter. This opinion is effective through ______ ___ , 20 ___ , at ___ o’clock ___ .M. Respectfully yours, ______________