- 17 - (4) The choices available to a Louisiana fractional interest holder with less than 80-percent ownership are to: (a) Sell the fractional interest but incur the additional expense of advertising and/or locating a buyer; (b) buy out the other interests. This process can involve expenses and delays related to locating fractional interest holders, recording expenses, deed preparation, title opinions, and the possibility of perfecting title with respect to ancestral predecessors of current owners; (c) attempt voluntary partition in kind, which is often “complex, rancorous, and protracted”. It has been Mr. Steele’s experience that the problems encountered increase as the number of fractional owners increases. In some instances it may reach a point where agreement becomes impossible; (d) bring suit for partition in kind or by licitation. This process will result in “significant legal expense” and delays. (5) The delay associated with partition is at least 1 year, but it is more likely to take several years. In the interim expenses are being incurred and the investment in the fractional interest is “frozen”.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011