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Message
Deer lease property dispute - new update pg 7
Posted on 10/17/16 at 8:30 am
Posted on 10/17/16 at 8:30 am
My club is having a property dispute with a nearby resident. Maybe some of you OB lawyers can weigh in while im waiting to hear back from an attorney.
Below is a layout of the area. The only access to the property is the hurricane protection levee which is a parish right of way. The canal is 20-30' deep. This local resident is constantly causing problems with us. He clams he owns the levee (levee only - not the swamp) and doesnt want anyone using it anymore. Saturday he decided to put up a gate right off the hwy blocking the right of way to our lease.
Assuming he is truthful in owning the levee only, are we right in saying he has to give us access to the property? He is claiming the right of ways are north south only and we need to cross the canal by building a bridge and using the property to the north as access. Im waiting on my neighbor to call back because the property to the north is his and he hunts it also.
Below is a layout of the area. The only access to the property is the hurricane protection levee which is a parish right of way. The canal is 20-30' deep. This local resident is constantly causing problems with us. He clams he owns the levee (levee only - not the swamp) and doesnt want anyone using it anymore. Saturday he decided to put up a gate right off the hwy blocking the right of way to our lease.
Assuming he is truthful in owning the levee only, are we right in saying he has to give us access to the property? He is claiming the right of ways are north south only and we need to cross the canal by building a bridge and using the property to the north as access. Im waiting on my neighbor to call back because the property to the north is his and he hunts it also.
This post was edited on 11/4/16 at 8:41 pm
12
Posted on 10/17/16 at 8:38 am to SeaPickle
Key words here: Parish Right-of-Way. Its not public land or a public ROW most likely. SOMEONE still owns the land beneath and can control all ingress/egress outside of whats in the stated ROW.
If you have legal access to your property via another route, even if you have to cross a canal to access part of it, he may very well be right.
Caveat is that if the HISTORICAL access is via the levee road, you might have access via prescription.
Caveat 2 - I'm no lawyer.
btw........by circling his house/property and labeling him as an outlaw on a public forum, you might be opening yourself up to a suit or libel charges.
If you have legal access to your property via another route, even if you have to cross a canal to access part of it, he may very well be right.
Caveat is that if the HISTORICAL access is via the levee road, you might have access via prescription.
Caveat 2 - I'm no lawyer.
btw........by circling his house/property and labeling him as an outlaw on a public forum, you might be opening yourself up to a suit or libel charges.
Posted on 10/17/16 at 8:47 am to SeaPickle
First stop will be determining what is recorded at the courthouse
Posted on 10/17/16 at 8:49 am to SeaPickle
quote:
Assuming he is truthful in owning the levee only, are we right in saying he has to give us access to the property?
We had a similar problem with a douche bag denying access to a piece of family owned property. Said db would not give us a key to the gate. Cooler heads prevailed when he was told he had to give us access.
I would, if you haven't already get in touch with your lease contact. I'm sure the land owners want access to their property. Hope this helps. Good luck.
Posted on 10/17/16 at 9:11 am to SeaPickle
A property can't be landlocked. Go pull the historical records, look at who really owns what and if there are ROW easements in place.
Ultimately, you'll likely have to go to court and gain access from the judge through the most logical route, which I assume is the levee.
Ultimately, you'll likely have to go to court and gain access from the judge through the most logical route, which I assume is the levee.
Posted on 10/17/16 at 9:28 am to SeaPickle
He owns a hurricane protection levee and the road built on it? If it is truly a hurricane protection levee, who maintains it? Who maintains the road? I assume he does not own the property you lease, right? If so, he cannot restrict access to the property, as someone else mentioned.
For fun, I'd love to hear a true description of the events leading to this situation. :)
For fun, I'd love to hear a true description of the events leading to this situation. :)
Posted on 10/17/16 at 9:32 am to SeaPickle
quote:
The only access to the property is the hurricane protection levee which is a parish right of way.
quote:
using the property to the north as access
so, there is more than one access?
Posted on 10/17/16 at 11:56 am to SeaPickle
what does the title deed to the land say. Is the right of way to the land mentioned.
I know someone who had a farm house that was on the back six acres of some property. New people bought the larger parcel and didnt want the guy using "their" driveway to get to his house. They put up a gate, and he sued and the settlement was they had to pay to build ingress into his property from the county road if they didn't want him using their driveway because the right of way was on the Deed's notes.
I know someone who had a farm house that was on the back six acres of some property. New people bought the larger parcel and didnt want the guy using "their" driveway to get to his house. They put up a gate, and he sued and the settlement was they had to pay to build ingress into his property from the county road if they didn't want him using their driveway because the right of way was on the Deed's notes.
Posted on 10/18/16 at 12:56 pm to SeaPickle
Can I get the MS Paint version?
Posted on 10/18/16 at 3:59 pm to SeaPickle
Who built the levee?
Posted on 10/18/16 at 7:59 pm to SeaPickle
I'm trying to pinpoint where that is to see if I know them.
Anyway, burn his house down, then offer the gate materials to start the rebuild
Anyway, burn his house down, then offer the gate materials to start the rebuild
Posted on 10/19/16 at 7:40 am to SeaPickle
Is that in back of Low Land?
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