jointly-owned land and granting right-of-way

[Rethink]

in louisiana, when people inherit land or real property jointly
must all parties consent for one party to sell his interest
for use as a right-of way to a commercial company? must the
company have the consent of all of the owners to have the right-of-way? if three owners agree to grant the right of way and only one withholds consent, is the right-of-way valid?can the owners
sell their equal interests in the land for different prices to the
company requesting the right-of-way?

 

[HomeGuru]

All owners must agree in totality.

 

[Rethink]

so each owner must sell their interest for the same agreed-upon
price, and one owner "not signing" invalidates the whole deal?
interesting. i was just reading a report about land dealers sellling
portions of land owned by many heirs for different prices and
claiming all owners were bound by the contract and forcing them to "partition" the land against their will. this is on the web at:
http://www.dallasnews.com/national/STORY.eaa55bc59f.b0.af.0.a4.a89f2.html -thankyou

 

[HomeGuru]

You misunderstood my response.
In a right of way or easement type of sale, all the title holders must agree and consent. If the title holders are joint tenants, they are allowed to sell their respective interest for whatever price and terms that they so choose. And such price and terms has no bearing on the other joint tenant's.

 

[Rethink]

i thought that might be the case. i am researching this for my elderly aunt. one paragraph in the easement agreement reads like this:
"this instrument may be executed in any number of counterparts, none of which needs to be executed by all parties, and shall be binding upon each party who executes such a counterpart with the same force and effect as if all had signed the same document and regardless of whether or not it is executed by all other
parties owning or claiming an interest in the lands herein described."
is the above wording correct to mean what your answer describes
in the state of louisiana? -thankyou

 

[HomeGuru]

The parties still are all signing. They are just not all signing on the same document together. Counterparts are copies of the same document which each would sign at a different place and time.