TL;DR
A Louisiana camp is almost always two assets, not one: the physical structure (a building, dock, or boat) and the underlying property right (often a long-term ground lease on private timber land, a state water-bottom lease, or a coastal-zone parcel). The structure passes through succession as movable or immovable depending on attachment. The ground lease may or may not be transferable to heirs depending on its terms. Successions involving camps frequently require co-ownership agreements among multiple heirs to avoid partition by licitation.
What Louisiana camps actually are, legally
Louisianans use “camp” to mean dozens of different things: a cabin in St. Bernard Parish, a fishing shack on Lake Pontchartrain pilings, a deer-hunting clubhouse on Weyerhaeuser timber land in Concordia Parish, a houseboat in Atchafalaya. The legal anatomy varies. Most camps consist of:
- A building, structure, or trailer (the “camp” in the colloquial sense)
- A ground lease, water-bottom lease, mineral lease, or membership in a hunting club
- Personal property inside (firearms, boats, generators, fixtures)
- Sometimes a fractional ownership of the underlying land
The civil-law classification of each of these matters because it determines how the asset passes, who gets it, and how it is valued for the descriptive list.
The building itself: movable or immovable?
La. C.C. arts. 462-475 classify property as movable or immovable. A camp built on the leaseholder’s own land is immovable by nature. A camp built on leased land is immovable by destination if it is permanent in character and attached to the soil. A trailer or houseboat is movable unless attached so as to lose its identity.
Why does this matter for succession?
- Recording: Immovable property requires the judgment of possession to be recorded in the parish where it sits. Movable property is transferred via the judgment alone.
- Forced heirship calculation: Both types of property are included in the patrimonial mass.
- Insurance and titling: Mobile homes/trailers titled with the OMV (Louisiana Office of Motor Vehicles) require the heirs to retitle. Built-on-piling structures often have homeowner’s policies; transfer of insurance requires the recorded judgment.
The ground lease: read it before judgment
Ground leases for camps come from three common categories of lessors, each with its own approach to inheritance:
Timber-company leases (Weyerhaeuser, Manulife, etc.)
Most timber-company hunting leases are annual or 3-5 year terms. Many specifically state that the lease terminates on death of the lessee unless renewed by the heirs. Read the assignability and termination clauses carefully. If the lease is not freely transferable, the heir may have to negotiate a new lease or lose the camp’s location.
State water-bottom leases (Department of Wildlife and Fisheries)
Camps on state water bottoms (in coastal parishes especially) operate under permits and leases from the LDWF. La. R.S. 41:1701 and following govern. Transfer to heirs is generally permitted but requires application to the LDWF within a defined period after the lessee’s death.
Private landowner leases
Often handshake deals or short letters of agreement. Transferability depends on the terms, which may or may not be written. Get a written estoppel from the landowner before judgment if at all possible.
Common camp-succession problem patterns
Multiple heirs, one camp, conflicting wishes
Four siblings inherit a 1/4 undivided interest each in a deer camp. One wants to keep it, two want to sell, one is ambivalent. La. C.C. art. 814 gives any co-owner the right to demand partition. If the property cannot be divided in kind (and most camps cannot), the court orders partition by licitation, meaning a court-ordered auction.
Solutions
- Co-ownership agreement recorded in the parish public records: caretaker designations, usage calendars, expense-sharing, right of first refusal among heirs
- Buy-out at appraised value: One heir buys the others’ interests
- LLC ownership: Transfer the camp into an LLC, the heirs own membership interests rather than fractional immovable interests, partition is precluded by the operating agreement
- Specific bequest: If the decedent is still alive, draft a notarial testament giving the camp to one specific heir with cash bequests to others
Unrecorded lease and disappearing landowner
The decedent had a handshake lease with a landowner who has since died. We have to track down the landowner’s heirs, get a written lease (or eviction warning), and decide whether the camp is worth keeping.
Camp on a coastal parcel with subsidence and erosion issues
Some camps in Plaquemines, St. Bernard, Lafourche, and Cameron parishes sit on parcels that have eroded into the Gulf. The legal description may no longer match a physical location. The estate must still address the property; sometimes the answer is to abandon the lease and remove the structure.
Inheriting a camp with complications?
We handle camps, hunting leases, and co-ownership disputes statewide. Most cases close with a clean title and a workable family agreement.
Personal property inside the camp
Firearms, boats, ATVs, generators, taxidermy mounts, and tools all pass through succession as movables. A few special considerations:
- Firearms: Federal background checks apply when firearms cross state lines, even when inherited. Louisiana residents inheriting firearms from a Louisiana decedent face no special procedure, but out-of-state heirs must coordinate transfer through a federal firearms licensee.
- Boats and trailers: Retitling through the OMV requires the recorded judgment of possession and a certified application.
- Outboard motors: Often separately titled from the boat.
Valuation for the descriptive list
Camps are notoriously hard to value. We typically use:
- Insurance replacement cost as a high anchor
- Comparable sales if any are recorded in the parish
- Income approach if the camp generates rental income
- Salvage value for structures that cannot be moved and sit on terminable leases
The descriptive list value matters for stepped-up basis (federal estate tax purposes) and for any future intra-family buyouts. A defensible appraisal at the front of the case avoids disputes years later.
The forced-heirship overlay
If the decedent had a forced heir, the camp counts toward the patrimonial mass against which the legitime is calculated. The will cannot leave the entire camp to one adult child if doing so would impinge on the forced heir’s legitime. Read our forced heirship explainer for the calculations.
Camps and the small succession affidavit
If the only Louisiana property is a small camp with limited value, the estate might qualify for the small succession affidavit procedure (La. R.S. 9:1421 et seq.). Read our small succession primer for the qualifying threshold and limitations. Note that the affidavit procedure may not be useful if a ground lease needs transfer because the lessor often demands a recorded judgment.
Insurance, taxes, and ongoing expenses
Before judgment, somebody has to keep paying:
- Property insurance premiums (and contact the insurer about the death)
- Property taxes (parish assessor)
- Lease payments
- Utility deposits and service
- Boat dock or pier rental
Failure to maintain insurance is a common source of loss in camp succession cases. We address this in the first 30 days of representation.
Out-of-state heirs and Louisiana camps
Many camps are owned by Louisiana retirees whose children live in Texas, Mississippi, or further afield. The heirs need ancillary representation in Louisiana plus practical decisions about the camp’s future. We coordinate the judgment of possession with whatever family agreement makes sense (sell to one heir, list for sale, retain as LLC).
Related Reading
- Louisiana Small Succession Affidavit
- Community Property and Louisiana Succession
- Out-of-State Heirs in Louisiana Successions
- Uncontested Louisiana Succession Services
About the Author
Ronald C. Cantin is the principal attorney at Pelican Succession Law (3001 17th Street, Suite 102, Metairie, LA 70002 · (504) 389-6100 · info@pelicanfirm.com) and a member of the Louisiana State Bar Association (#39827). His practice concentrates on Louisiana successions, forced heirship, mineral-rights succession, and ancillary representation for out-of-state heirs across all 64 parishes.
Disclaimer. This article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship. Past results do not guarantee future outcomes. For advice on your specific situation, consult a Louisiana attorney. Pelican Succession Law’s attorneys are licensed only in Louisiana. Attorney Advertising. Pelican Succession Law, 3001 17th Street, Suite 102, Metairie, LA 70002.