Legal Question in Real Estate Law in Louisiana
Right of way
I live in a family subdivision with a 40' road . When the land was subdivided we had to dedicate the road to the parish but we (the family) were responsible for upkeep of the road. When the land was subdivided each childs (my grandfather and his siblings ) parcel of land was 119' wide , we were told from the center line of the road 20' on each side was the right of way . The legal description of my lot is 99' wide reflecting the loss of the 20' right of way . I have an ongoing dispute with a neighbor who claims that 20' right of way running through their property is their private property but they have to allow us acess ... Which is the proper interpretation ?
1 Answer from Attorneys
All the Parish or State has is a servitude/easemen t.........you and all the other landowners subject to the servitude/easement still own the land subject to that servitude/easement. Your legal description is wrong if the road is on a servitude/easement.