Expert: Dick Dennis - 6/6/2008

Question
QUESTION:   If you are unable to answer my question, I hope you can direct me to another source.  I'm very new at this, and I'll try to keep my question as simple as possible.

  My siblings and I have become recent 'heirs' to two pieces of acreage(74 and 20 respectively).
 The property is in Louisiana, 74 acres have been in the family for over 100 years, has use value(timber), and taxes are being paid et al the 'owners' by a distant cousin. Some 'owners' names are deceased individuals, some names are  very questionable.
 The taxes on the 20 acres are paid on behalf of my deceased grandfather who is listed as 100% owner.  He died over 40 years ago.  The correct number of heirs should be 18. This acreage has timber use-value, and a producing oil well; which we are subject to royalty payments since my mother's death.  I've done affidavits of heirships to take care of that.
 We were told by the local tax assessor that a succession would be the wise thing to do to ensure the correct ownership is filed and in place as well as a title-search which would reveal anything about the land regarding timber sales, etc. (There has been a history of timber theft on the property)
How to we initiate a title search on the property?  Do we hire an attorney, a real estate company, an abstractor?  How much does something like this cost?

((Being the family genealogist, I have history on how the land was acqired, etc, but nothing beyond 1920's.))


ANSWER: The very first thing you must do, BJ, is to contact a GOOD REAL ESTATE attorney. This process is not going to be inexpensive. The attorney is going to contact a title company and their work and process is not going to be inexpensive, as well. They are going to do an extensive title search, as you call it, a succession. So, your first thing is to find that good real estate attorney. I wish you well.

Dick Dennis

---------- FOLLOW-UP ----------

QUESTION:
Is it a good idea that we go directly to a title search company ourselves?
Thanks.

Answer
Yes, you can do that. But don't expect it to be free. At the county records department you can do it on your own with a little guidance from the people there. Should be no charge. The title search company might do it for a small fee especially if they are assured that you will be using their services when it comes time to insure the title.

Take care.

Dick Dennis