Key Takeaways

  • Three forms: authentic act, acknowledged private signature, and private writing
  • Authentic act is the most common for residential transactions
  • Authentic acts are self-proving and preferred by title companies
  • Private writings are valid but harder to prove in court
  • Title insurance typically requires authentic act form
Last updated: January 2026

Forms of Real Estate Instruments in Louisiana

Louisiana law provides for three forms of written instruments used in real estate transactions, each with different requirements and legal effects.

Three Forms of Written Instruments

FormRequirementsLegal Effect
Authentic ActNotary + 2 witnesses + all signaturesSelf-proving
Act Under Private Signature Duly AcknowledgedPrivate signing + later acknowledgmentAdmissible with proof
Act Under Private Signature (Private Writing)Signatures onlyRequires proof of signatures

The Authentic Act (Most Common)

In residential real estate transactions, the authentic act is the most commonly used form.

Requirements (Civil Code Art. 1833)

ElementRequirement
NotaryPresent at execution
WitnessesTwo competent witnesses present
Party SignaturesAll parties sign
Witness SignaturesBoth witnesses sign
Notary SignatureNotary signs
PresenceAll signatures in notary's presence

Why Authentic Acts Are Preferred

BenefitDescription
Self-ProvingPrima facie proof of contents
Title InsuranceRequired by most title companies
Lender RequirementsRequired by most lenders
Court AdmissibilityNo additional proof needed
Challenge StandardFormal court action required to overcome

Act Under Private Signature Duly Acknowledged

An acknowledgment is when a signer later recognizes their signature before a notary.

Requirements

ElementRequirement
Original SigningParties sign document
Later AcknowledgmentBefore notary + 2 witnesses
RecognitionSigner confirms signature is theirs

Limitation

An act under private signature, though acknowledged, cannot substitute for an authentic act when the law prescribes such an act.

Private Writing (Act Under Private Signature)

The simplest form - just signed by the parties.

AspectDetails
RequirementsParty signatures only
Legal EffectValid between parties
Court UseRequires proof of signatures
Practical UseNot recommended for real estate

Louisiana Uniform Title Standards

The Louisiana Uniform Title Standards require that instruments be:

"In a form which would allow their introduction into evidence in a court proceeding as prima facie proof of their contents."

Practical Effect: Use authentic acts for all real estate transactions.

Notary Cannot Be Witness

RuleExplanation
LA LawNotary cannot serve as one of the 2 witnesses
ViolationMakes the act invalid as authentic act
MinimumNeed notary PLUS 2 separate witnesses

On the Exam

  • Authentic act: Notary + 2 witnesses + all signatures
  • Most common: Authentic act for real estate
  • Self-proving: Only authentic acts are self-proving
  • Notary as witness: Prohibited
Test Your Knowledge

What is the most common form of written instrument used in Louisiana residential real estate transactions?

A
B
C
D
Test Your Knowledge

An act under private signature that is later acknowledged before a notary and two witnesses:

A
B
C
D