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Came home yesterday and found this in my yard

Posted on 5/17/16 at 7:22 am
Posted by lsufan1971
Zachary
Member since Nov 2003
18250 posts
Posted on 5/17/16 at 7:22 am
I didn't get any notice or explanation. The servitude is 20 ft from the road. They are well beyond the servitude. Its At&T laying Fiber optic cable for a new addition to our subdivision. I know what is going to happen they are going to cover the hole and seed it instead of putting sod down. I am pissed. Anyone have any thoughts on how to handle? My HOA was pretty useless in they said they can't do anything and the Sheriff office said its a civil matter. I thought about having their equipment towed away.

Posted by Boudreaux35
BR
Member since Sep 2007
21462 posts
Posted on 5/17/16 at 7:28 am to
Odd that the sheriff would call it a civil matter. If it is really beyond the servitude and you were really not notified, they are trespassing.
Posted by LSUballs
RayVegas LA
Member since Feb 2008
37746 posts
Posted on 5/17/16 at 7:29 am to
You better call Saul
Posted by lsufan1971
Zachary
Member since Nov 2003
18250 posts
Posted on 5/17/16 at 7:31 am to
quote:

If it is really beyond the servitude and you were really not notified, they are trespassing.


That was my thought.
Posted by NASA_ISS_Tiger
Huntsville, Al via Sulphur, LA
Member since Sep 2005
7981 posts
Posted on 5/17/16 at 7:32 am to
Yes, if they are past the utilities right of way, they are trespassing and destroying private property.

Trespassing is not a civil matter.
Posted by civiltiger07
Baton Rouge
Member since Dec 2011
14031 posts
Posted on 5/17/16 at 7:34 am to
Did you measure to verify that they aren't inside of the servitude? Just from looking at the picture it looks to me that they could be within 20ft of the road. Also, do you have your lot drawing to verify a 20ft servitude? I seem to remember front servitudes were 30ft.
Posted by cgrand
HAMMOND
Member since Oct 2009
38768 posts
Posted on 5/17/16 at 7:39 am to
the chance that they are illegally digging in your yard is zero percent
Posted by lsufan1971
Zachary
Member since Nov 2003
18250 posts
Posted on 5/17/16 at 7:40 am to
quote:

Did you measure to verify that they aren't inside of the servitude? Just from looking at the picture it looks to me that they could be within 20ft of the road. Also, do you have your lot drawing to verify a 20ft servitude? I seem to remember front servitudes were 30ft.



The servitude is measured from the center line in the road not the end of the road they are 35 feet onto my property. They have 12 ft of right away onto my lot.
This post was edited on 5/17/16 at 7:42 am
Posted by wickowick
Head of Island
Member since Dec 2006
45804 posts
Posted on 5/17/16 at 7:42 am to
quote:

the chance that they are illegally digging in your yard is zero percent


I think when everything is sorted out, this will be the outcome.
Posted by Jester
Baton Rouge
Member since Feb 2006
34301 posts
Posted on 5/17/16 at 7:43 am to
They aren't even running the fiber now. They came through our neighborhood a few weeks ago and tore up every single yard. They are only running conduit now. The fiber will come later, but shouldn't be as damaging.

The dumbasses actually broke the water service connection to our meter then bailed like nothing happened. They clearly knew, though, because there were muddy foot prints going back and forth to the valve on the side of our house. Did they call the water company to report it? Nope, that didn't happen until I got home at 8:30 with an infant that needed to be bathed.

ETA - Then the frickers took my shovel the next day after I had to dig out the water meter that they buried digging their holes.
This post was edited on 5/17/16 at 7:45 am
Posted by lsufan1971
Zachary
Member since Nov 2003
18250 posts
Posted on 5/17/16 at 7:45 am to
quote:

I think when everything is sorted out, this will be the outcome.


The plat map shows a 20ft utility servitude. The servitude is measured from the centerline in the road. The hole they dug is almost 30 ft from the road. No way in hell they are in bounds of the utility servitude.
Posted by bayoudude
Member since Dec 2007
24954 posts
Posted on 5/17/16 at 7:45 am to
I would check a plat of your property. Your property line probably starts on your side of the side walk and may grant them a servitude from there towards your house.

ETA: Either way i would still be pissed because you know they won't leave it nice and neat.
This post was edited on 5/17/16 at 7:47 am
Posted by maisweh
Member since Jan 2014
4066 posts
Posted on 5/17/16 at 7:46 am to
i just parked my boat and truck in my front yard so they couldn't put their equipment in it and tear it up like they did every other yard. they were going to every other yard to run the conduit, my house was next on the list.
neighbors are mad they didn't think of that idea first
Posted by civiltiger07
Baton Rouge
Member since Dec 2011
14031 posts
Posted on 5/17/16 at 7:47 am to
quote:

They have 12 ft of right away onto my lot


have you verified this on your lot drawing? 12ft isn't a whole lot of room to do much. That is why the front servitudes are usually 30ft. Side and rear servitudes will usually be 15-20ft.
Posted by lsufan1971
Zachary
Member since Nov 2003
18250 posts
Posted on 5/17/16 at 7:48 am to
quote:

That is why the front servitudes are usually 30ft. Side and rear servitudes will usually be 15-20ft.


I have a corner lot. This is a side street. Its a 20ft servitude.
Posted by Ice Cream Sammich
Baton Rouge
Member since Apr 2010
10111 posts
Posted on 5/17/16 at 7:48 am to
They just did the same thing to my neighborhood. They used Juan and Julio instead of tracked machines though. They laid a tarp down to catch all dirt and laid sod when done. Basically, the exact opposite of what they are doing to your yard.

I understand you being upset, but outside of a lawsuit, what do you expect to be done?
Posted by lsufan1971
Zachary
Member since Nov 2003
18250 posts
Posted on 5/17/16 at 7:51 am to
quote:

I understand you being upset, but outside of a lawsuit, what do you expect to be done?


Yard left the way they found it which I know will never happen. Just pissed that no one had the decency to even let me know what they would be doing. Its the world we live in now. I know zero fricks given
This post was edited on 5/17/16 at 7:52 am
Posted by 4LSU2
Member since Dec 2009
37324 posts
Posted on 5/17/16 at 7:51 am to
They will make your yard whole. Another crew will be behind them fine grading, sodding, etc.
Posted by redneck
Los Suenos, Costa Rica
Member since Dec 2003
53603 posts
Posted on 5/17/16 at 7:51 am to
quote:

what do you expect to be done?


I'm not sure it's a smart idea to piss off a bunch of baws who are digging into your yard with heavy machinery. The hole is already there, I would probably deal with it after the fact and see how they clean up after.
Posted by 4WHLN
Drinking at the Cottage Inn
Member since Mar 2013
7581 posts
Posted on 5/17/16 at 8:02 am to
quote:

12ft isn't a whole lot of room to do much. That is why the front servitudes are usually 30ft. Side and rear servitudes will usually be 15-20ft.


There is no "usual" when it comes to servitudes and setbacks. Each subdivision vary depending on how it was developed and what utilities are available to that parcel of land
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