The question often arises whether, in Louisiana, a party can file in the public record a “memorandum of servitude” rather than the full servitude.  If the parties do that, any unrecorded provisions may not be binding on third parties. Other states’ laws may provide that recordation of such a memorandum of easement, the common law equivalent of a servitude, suffices to bind third parties to all the provisions in the unrecorded easement. Under Louisiana public records doctrine, however, one’s interest in immovables must be recorded in order to have binding effect on third parties.  La. Civ. Code art. 3338.  Louisiana provides specifically for the recordation of a memorandum of lease, often referred to as a notice of lease.  La. Rev. Stat. 9:2742.  That statute specifically states that the recorded memorandum affects third parties “to the same extent as would recordation of the instrument evidencing it.”  While the memorandum in lease must include certain specific information, e.g. names of the parties, description of the property, the term of the lease, and others specifics, the agreed upon price is an important provision that will remain out of the public record. There is no similar provision allowing the parties to record a memorandum of servitude.  Under Louisiana law, when there is no rule that can be derived from legislation or custom, the courts provide guidance on the particular situation.  La. Civ. Code art. 4.  However, some parties nevertheless have filed a memorandum of servitude in place of the actual servitude agreement and, to date, there are no reported opinions in Louisiana on the effectiveness of recording a memorandum of servitude.  While parties are free to record a memorandum of servitude in place of the servitude agreement, they run the risk that the memorandum will not bind third parties to the same extent as recording the instrument itself.

Disclaimer: This Blog/Web Site is made available by the law firm of Liskow & Lewis, APLC (“Liskow & Lewis”) and the individual Liskow & Lewis lawyers posting to this site for educational purposes and to give you general information and a general understanding of the law only, not to provide specific legal advice as to an identified problem or issue.  By using this blog site you understand and acknowledge that there is no attorney client relationship formed between you and Liskow & Lewis and/or the individual Liskow & Lewis lawyers posting to this site by virtue of your using this site.  The Blog/Web Site should not be used as a substitute for legal advice from a licensed professional attorney in your state regarding a particular matter.

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Photo of John Wilson John Wilson

John Wilson has been litigating for nearly five decades and has been involved in many of the key legal issues in oil and gas, expropriation (condemnation), commercial matters, professional liability, tax, and construction contract litigation in state and federal trial and appellate courts…

John Wilson has been litigating for nearly five decades and has been involved in many of the key legal issues in oil and gas, expropriation (condemnation), commercial matters, professional liability, tax, and construction contract litigation in state and federal trial and appellate courts throughout Louisiana.

Today John’s practice is largely focused on pipeline servitudes (easements) and expropriation suits, involving pipeline and underground storage projects from inception to conclusion for natural gas, crude oil, and liquid hydrocarbons pipelines.

Photo of Matthew D. Simone Matthew D. Simone

Matt is an experienced trial and appellate litigator assisting clients with claims and disputes primarily in the energy sector. Matt’s practice is largely focused on pipeline related matters, including servitudes (easements) and expropriation suits, involving pipeline and underground storage projects from inception to…

Matt is an experienced trial and appellate litigator assisting clients with claims and disputes primarily in the energy sector. Matt’s practice is largely focused on pipeline related matters, including servitudes (easements) and expropriation suits, involving pipeline and underground storage projects from inception to conclusion for natural gas, crude oil, and refined product pipelines.  His pipeline practice also includes assisting midstream companies in the defense of claims for breach of contract or environmental damage claims. Matt’s pipeline practice encompasses the representation of midstream companies before local and state agencies, including the Louisiana Department of Natural Resources and the Louisiana Public Service Commission.

Photo of Cheryl M. Kornick Cheryl M. Kornick

Cheryl Kornick is an experienced trial and appellate lawyer, and a fellow in the American College of Trial lawyers, an organization composed of preeminent member of the trial bar and recognized as the leading trial lawyers organization in the United States and Canada. …

Cheryl Kornick is an experienced trial and appellate lawyer, and a fellow in the American College of Trial lawyers, an organization composed of preeminent member of the trial bar and recognized as the leading trial lawyers organization in the United States and Canada.  She is experienced in helping clients with claims and disputes, often in the energy sector, including both upstream and midstream matters.  She also is experienced in alternative dispute resolution, including AAA arbitrations and mediations.  Cheryl regularly appears in Louisiana’s state and federal courts and before the Louisiana Supreme Court, often involving pipeline, royalty, land acquisition, joint operating agreements, and other complex claims and disputes.