Prairieville, LA asked in Real Estate Law for Louisiana

Q: Real estate: family partitioned land. my father in-law divided his property into 3 parts and later donated back portio

to us which we lost in foreclosure. we never extended the driveway where the servitude of passage is shown on map from 2001. now the new owners are using my driveway and yard. my father in law says he never gave access through his property and wants a gate up at the road leaving new owners no access , can we do that?

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery

A: There is almost for sure an Easement By Implication granted to some of those parcels, if not also an Easement By Prescription. Easements can be terminated, but expect to be sued. Hire a competent lawyer to advise you about what you can do, and be prepared for litigation, which you probably should lose.

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