Key Takeaways
- Notaries must record acts affecting immovable property
- Recording within 15 days for property outside Orleans Parish
- Recording within 48 hours for transfers in Orleans Parish
- Effects against third parties begin from time of recording
- Notary relieved of duty if parties direct deferral in writing
Last updated: January 2026
Recording Requirements and Duties
Louisiana notaries have specific statutory duties regarding the recording of real estate documents.
Notary's Duty to Record (R.S. 35:199)
Louisiana law imposes a duty on notaries to record certain instruments:
Notaries public shall record all acts of sale, exchange, donation, and mortgage of immovable property passed before them.
What Must Be Recorded
| Document Type | Recording Required |
|---|---|
| Acts of Sale | Yes |
| Exchange | Yes |
| Donation | Yes |
| Mortgage | Yes |
| Resolutions | If part of the act |
| Powers of Attorney | If annexed to act |
| Supporting Documents | If made part of act |
Recording Deadlines
Outside Orleans Parish
| Requirement | Details |
|---|---|
| Deadline | Within 15 days after execution |
| Where | Recorder of the parish where property is located |
| Multiple Parishes | Record in each parish where property is situated |
Inside Orleans Parish
| Requirement | Details |
|---|---|
| Filing | With custodian of notarial records |
| Recording | Register of Conveyances or Recorder of Mortgages |
| Transfer Deadline | Within 48 hours for transfers |
Effect Against Third Parties
| Principle | Explanation |
|---|---|
| General Rule | Instruments have effect against third parties only from time of filing |
| Practical Effect | First to record has priority |
| Risk | Unrecorded instruments may lose to later recorded ones |
Where to Record
| Document Type | Record At |
|---|---|
| Sale/Transfer | Conveyance Records |
| Mortgage | Mortgage Records |
| Both | May record in both if appropriate |
| Multiple Parishes | Each parish where property is located |
Relief from Recording Duty
A notary is relieved of recording obligations when:
| Condition | Details |
|---|---|
| Written Direction | All parties direct in writing |
| Deferral | Parties request deferral of recording |
| Delivery | Parties request delivery to party or third person |
| Form | Must be express and written |
Mortgage Paraph Requirement
| Rule | Details |
|---|---|
| Note Paraph | Not required for identification with mortgage |
| Optional | Notary shall paraph if presented for that purpose |
| Purpose | Links note to mortgage for identification |
Orleans Parish Special Rules
Orleans Parish has unique recording procedures:
| Aspect | Orleans Parish Rule |
|---|---|
| Custodian | File with custodian of notarial records |
| Transfer Recording | 48-hour deadline |
| Historical | Based on Civil District Court traditions |
Consequences of Failure to Record
| Consequence | Effect |
|---|---|
| Loss of Priority | Later-recorded instruments may take precedence |
| No Effect on Third Parties | Until recorded |
| Notary Liability | Potential for malpractice claims |
On the Exam
- 15 days: Recording deadline outside Orleans Parish
- 48 hours: Transfer recording deadline in Orleans Parish
- Effect against third parties: Only from time of filing
- Relief from duty: Written direction from all parties
Test Your Knowledge
Outside Orleans Parish, a Louisiana notary must record acts of sale affecting immovable property within:
A
B
C
D
Test Your Knowledge
When does an instrument involving immovable property have effect against third parties?
A
B
C
D
Test Your Knowledge
A notary may be relieved of the duty to record a real estate instrument when:
A
B
C
D