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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
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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 8:40 am to Huntinguy
you may have to pay him for the use of the gate....
we have same situation in one of the places we duck hunt...
we have same situation in one of the places we duck hunt...
Posted on 10/17/16 at 8:40 am to Huntinguy
I'll change that.
I say parish right of way becuase that's what the old timers call it.
I say parish right of way becuase that's what the old timers call it.
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 8:47 am to Huntinguy
quote:
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.
the crossing the canal would involve a pretty big bridge being built that i dont think would get approved buy the state, army corps or whoever and then it would involve us going straight through someone's hunting property
quote:
Caveat is that if the HISTORICAL access is via the levee road, you might have access via prescription.
This levee has been used since the 70/80s as access to the property
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 9:24 am to crankbait
Potential problem with that is, lessee doesn't have the right to force access. That is landowner only.
Posted on 10/17/16 at 9:27 am to AlxTgr
true, i was writing that thinking as if he owned the place. definitely on the landowner
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 9:30 am to Boudreaux35
Did he ask for a hunting club membership?
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 9:41 am to Boudreaux35
Typically a levee easement is granted for for flood or drainage control and the general public often doesn't have a right of access. Think of it as a power line going thru someone property.
Individuals can gain a legal right to use such corridors thru long term non-interrupted use. It's sort of like squatters rights for an access driveway.
A judge will determine the access route for a land locked parcel if no long term use can be identified.
Individuals can gain a legal right to use such corridors thru long term non-interrupted use. It's sort of like squatters rights for an access driveway.
A judge will determine the access route for a land locked parcel if no long term use can be identified.
This post was edited on 10/17/16 at 9:44 am
Posted on 10/17/16 at 9:42 am to Boudreaux35
quote:
For fun, I'd love to hear a true description of the events leading to this situation. :)
This, we are missing out on a lot of the story. You don't just go lock a gate out of no where if you've been neighbor's for that long.
If you have another access route, you are likely SOL.
Posted on 10/17/16 at 9:45 am to Boudreaux35
quote:Oh, yes he can.
he cannot restrict access to the property, as someone else mentioned.
Posted on 10/17/16 at 9:52 am to AlxTgr
If the so called levee is maintained with parish or state dollars call the levee board. we have a guy that rides up and down the levee all the time when we hunt. We put up 4 gates in 1 mile with locks and locked them. The only catch from the levee board was we had to supply all land owners along the levee with the key to the levee. His lazy arse wouldn't get off the 4 wheeler to unlock gates. Problem solved
Posted on 10/17/16 at 9:54 am to Palo Gaucho
quote:
He is bound to compensate his neighbor for the right of passage acquired
I pulled this from Article 689. Any idea how and who determines compensation. I'm in a similar predicament, as our land also has no road frontage. We access it via an old logging road that has been there forever, but it is not the closest point to a public road. The lady that owns the property with the logging road is getting older, and I'm not sure if she has kids that may try to stop us from crossing her property one day.
Posted on 10/17/16 at 9:59 am to meauxjeaux2
quote:
so, there is more than one access?
no, not without building a bridge. the propertry tot he north is separated by a 50' wide x 20' deep canal. The levee is the only access and has been for 30-40 years
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