What is the name of your state (only U.S. law)? Louisiana
Is it criminal (theft by fraud) for a land owner (also a licensed realtor) to grant a servitude on a property she has under contract (buy/sell) without notifying the impending owner vebally or in writing ? We purchased a property from a realtor/owner and she gave our neighbor a predial servitude of "full rights of pleasure and enjoyment of the entire pond from high bank to high bank" 44hours prior to our closing. She nor her partner never mentioned it at closing. She admitted after I discovered the servitude that she didn't declare it as she knew it would end the sale. We have filed a lawsuit to rescind the sale and it it moving at a snails pace. She has threatened bankruptcy is court ordered to rescind the sale. I feel we should be able to move foward on a criminal charge. We are legally and financially liable for this pond and have absolutely NO control over it. The neighbor is currently suing us because there is not enough water in the pond, and to remove our fence around the pond (put up to keep neighborhood kids out of it and our dogs off his property). He wants a permanent injunction against us EVER being able to fence our property as it interfers with his pleasure and enjoyment. He has full access via the road, same as us.He also wants money for loss of fishing pleasure, we fished in it all summer. What about the owners pleasure and enjoyment ?
What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
Is it criminal (theft by fraud) for a land owner (also a licensed realtor) to grant a servitude on a property she has under contract (buy/sell) without notifying the impending owner vebally or in writing ? We purchased a property from a realtor/owner and she gave our neighbor a predial servitude of "full rights of pleasure and enjoyment of the entire pond from high bank to high bank" 44hours prior to our closing. She nor her partner never mentioned it at closing. She admitted after I discovered the servitude that she didn't declare it as she knew it would end the sale. We have filed a lawsuit to rescind the sale and it it moving at a snails pace. She has threatened bankruptcy is court ordered to rescind the sale. I feel we should be able to move foward on a criminal charge. We are legally and financially liable for this pond and have absolutely NO control over it. The neighbor is currently suing us because there is not enough water in the pond, and to remove our fence around the pond (put up to keep neighborhood kids out of it and our dogs off his property). He wants a permanent injunction against us EVER being able to fence our property as it interfers with his pleasure and enjoyment. He has full access via the road, same as us.He also wants money for loss of fishing pleasure, we fished in it all summer. What about the owners pleasure and enjoyment ?
What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?