Property buyers need to research to protect their investments

If it sounds too good to be true, that is probably the case, and ignorance of the law is never an excuse.

The new building codes in Louisiana have stepped up the communication, requirements and paperwork needed to purchase and build on property in Vermilion Parish, however, not all landowners or land buyers are aware of the ordinances or process that is required to complete such a sale.

The Vermilion Parish Police Jury passed an ordinance in 1980 concerning subdivisions, the definitions, guidelines and requirements.

According to the ordinance a subdivision means the division of a lot, tract, or parcel of land into two or more lots, plots, parcels or building sites for the purpose of sale or of building development, immediate or future. It also includes the re-subdivision or rearrangement of one or more lots, plots, parcels or building sites. It also includes the development of trailer parks where the streets or roads are to be dedicated for public use.

In order for the landowner to sell a piece of subdivided property in the parish but outside a municipality, which have their own rules, it must be approved by the Vermilion Parish Police Jury as a recognized subdivision. If it is not approved then the landowner cannot sell the property.

However, there is no penalty in place to the landowner who does sell a piece of land in a surveyed and divided area.

The harm comes to the purchaser when he or she goes to the jury offices to purchase a building permit.

If the purchased property is not in a recognized and approved subdivision, a permit will not be issued.

What course of action would the purchaser have at this point?

According to Paul Moresy III, legal council for the jury, it then becomes a civil matter.

There are very specific exceptions to the regulations in the ordinance.

• A subdivision legally established and recorded prior to the adoption of these regulations (1980).

•The subdivision of land to be used for orchards, forestry, or raising of crops, provided the owner certifies upon the plat that such land is intended only for orchards, forestry, or raising of crops.

•Small parcels of land sold to or exchanged between adjoining property owners, where such sale or exchange does not create additional lots provided that the Police Jury certifies upon the plat that such sale or exchange does not create additional building sites.

•Small parcels of land subdivided amongst heirs in a succession, provided that no additional roadways or improvements are made to five or more of the lots, plots, parcels or building sites.

•Any proposed subdivision given preliminary plat approval prior to adoption of the ordinance shall be governed by the Vermilion Parish Subdivision Ordinance that was in existence prior to the adoption of this ordinance.

When in doubt, check with the courthouse, the assessor’s office and the police jury administration.