What is the statute of limitations on real estate disputes?
In Louisiana, the statute of limitations for real estate litigation is governed by the Civil Code article 3492. This statute defines the general time limits for filing a lawsuit in civil court based on the type of claim. For most real estate disputes, the time limit for filing a lawsuit is one year from the date of the cause of action. Additionally, it is important to note that certain disputes may be subject to shorter statutes of limitations. For instance, claims involving fraud or misrepresentation must be brought within one year of the date of the alleged conduct, or the date the plaintiff discovers or reasonably should have discovered the wrong. Similarly, claims involving written contracts must be brought within ten years of the date the contract was made, or five years from the date of the breach, whichever comes first. On the other hand, Louisiana’s Civil Code article 3492 also provides that certain disputes may be subject to longer statutes of limitations. For example, claims concerning the partition or division of real estate must be brought within three years of the date the cause of action is discovered. It is important to note that the statute of limitations can vary depending on the type of dispute and the jurisdiction, so it is important to consult an experienced real estate litigation attorney to determine the applicable time limits in your specific case.
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