OT Attorneys: Prescriptive Easements | TigerDroppings.com

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CharleyLake
Member since Oct 2006
662 posts

OT Attorneys: Prescriptive Easements



What is the statutory period for prescriptive easements for the State of Louisiana? Thank you.


This post was edited on 7/21 at 5:44 pm



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JudgeHolden
LSU Fan
Gila River
Member since Jan 2008
2111 posts

re: OT Attorneys: Prescriptive Easements


Acquisitive prescription? IF you could acquire a servitude by prescription, it would been ten years if in good faith with just title, and thirty years otherwise. IMHO





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TexasTiger39
SMU Fan
Houston, TX
Member since Mar 2009
2769 posts

re: OT Attorneys: Prescriptive Easements


Yea i dont think Louisiana has "easements." That is the common law term for what the civil law calls "aquisitive prescription."

To adequately answer your question, a lot more detail needs to be given.

Like what happened



This post was edited on 7/21 at 9:34 am


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JudgeHolden
LSU Fan
Gila River
Member since Jan 2008
2111 posts

re: OT Attorneys: Prescriptive Easements


Are you asking how long a servitude lasts? GENERALLY ten years of no use will cause a servitude to expire. Retread the word generally. It depends on a lot of things.


This post was edited on 7/21 at 10:09 am


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FalseProphet
LSU Fan
Funroe
Member since Dec 2011
6504 posts

re: OT Attorneys: Prescriptive Easements


quote:

Message Posted by CharleyLake What is the statutory period for prescriptive easements for the State of Louisiana? Thank you.


I think you just posted One of the most complex questions in Louisiana law, and you did it without even using the Louisiana term.






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CharleyLake
Member since Oct 2006
662 posts

re: OT Attorneys: Prescriptive Easements


I have reason to believe that I have discovered pipeline on a parcel of property that I have an undivided interest. I continue to disagree with the conclusion of the pipeline owner that they are not working without a ROW agreement. My family will have a survey done and seek legal representation. I did read that the trespassing party could by law get away with it if certain criteria were met such as being obvious and notorious (i.e.driveway) and continual use for a number of years (each state has its own law).





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Mung
LSU Fan
El-lick
Member since Aug 2007
5055 posts

re: OT Attorneys: Prescriptive Easements


If they don't have a written pipeline servitude from the owner, they would need 30 years open and obvious use. Tell them to provide the servitude agreement, or move their shit, then wait for an offer.





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CerealKilla
SMU Fan
Das Boot
Member since Jan 2011
6098 posts

re: OT Attorneys: Prescriptive Easements


The gas company won't have to remove if it's underground and prescription of non-use has run.





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20symbolsisnotenoug
Florida Fan
Texas
Member since May 2012
358 posts

re: OT Attorneys: Prescriptive Easements


quote:

I did read that the trespassing party could by law get away with it if certain criteria were met such as being obvious and notorious (i.e.driveway) and continual use for a number of years (each state has its own law).


What you're referring to is called "adverse possession." IF there is a pipeline there, they would most likely (almost certainly) have a permanent easement bought from a previous owner of the land.

I don't quite see what the question of use/ law is here. I'm a surveyor working in the pipeline industry though so I might be able to help you out if the lawyers dont get to it first.






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fishfighter
LSU Fan
Baton Rouge
Member since Apr 2008
18944 posts

re: OT Attorneys: Prescriptive Easements


quote:

20symbolsisnotenoug


In that case. A pipeline crew came thru my place clipping there right of way. Problem is that they got off the right of way and clipped 6 pecan trees that I had planted. They said they were going to make it good, but I think they are blowing smoke up my ass.

Now for the OT Att's. Can I press charges against the work crews for tresspassing and damage?






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CharleyLake
Member since Oct 2006
662 posts

re: OT Attorneys: Prescriptive Easements


Mung,thanks for the answer. This lateral came off an existing pipeline. I located an agreement with owners of the contiguous property on both sides of us. Their ROW agreements for the line were dated 2004 so the line might have been constructed a year or two later. My best guess is that their land agent failed to aquire the proper ownership at that time.

I told them to block the lateral immediately because they now have reason to now believe that they wrongfully entered the property but I was informed that they will employ a land agent to investigate and if necessary will have a survey done and any errors will be "corrected".

This pipeline is owned(operated) by a major oil corporation. I have provided quite a bit of documentation to them in the last three weeks but they have not been forthcoming. The pipeline is 6 inch diameter ethylene service about 30 rods long and considered to be hazardous. How would we determine its value in a settlement? The amount it would cost to remove and relocate and to some extent supply loss to a customer? It does pass under a railroad and I-10 near Sulphur, LA. We do own the property under each of them. (The freeway and the railroad as well as 1/2 of a public road at the point of beginning).






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CharleyLake
Member since Oct 2006
662 posts

re: OT Attorneys: Prescriptive Easements


I suspect that the line is active (in service.





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fishfighter
LSU Fan
Baton Rouge
Member since Apr 2008
18944 posts

re: OT Attorneys: Prescriptive Easements


Charley, did you check in the court records? Also check the tax arse office. Another place to check for any info would be the parish emergency response team. All piplines have to have a plan in place for a emergency response.





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CharleyLake
Member since Oct 2006
662 posts

re: OT Attorneys: Prescriptive Easements


My grandfather,a native of Sweden got off a boat in Galveston, Texas and aquired that parcel of land about 1885. No previous ownership involved.

My cousin is getting quotes from three survey companies in Calcasieu Parish. That being said I don't know if the attorney we hire will work on a contingency basis and pay for the survey.

If necessary I will order a survey to locate the quarter section line (our property line) and their pipeline and pay for it on my own dime. Stevie Wonder could find their pipeline sighs. I offered to take one of their associates by the hand and show them the location. No more Mr.Nice Guy.

That being said, I would not turn down your help.







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CharleyLake
Member since Oct 2006
662 posts

re: OT Attorneys: Prescriptive Easements


That is the first thing I did. I examined conveyance records at the courthouse and found no agreement. I searched the records with the oil company and Citgo Corp. Citgo does own a strip of land next to ours about ten feet away. The owner/operator of this pipeline has yet to provide documentation that they have a ROW agreement(with anyone) at this time. Thanks. Charley





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20symbolsisnotenoug
Florida Fan
Texas
Member since May 2012
358 posts

re: OT Attorneys: Prescriptive Easements


quote:

In that case. A pipeline crew came thru my place clipping there right of way. Problem is that they got off the right of way and clipped 6 pecan trees that I had planted. They said they were going to make it good, but I think they are blowing smoke up my ass.


If they got off ROW, its tresspassing unless the survey permission you granted gave them access to the entire property. Had they already bought the easement or were they doing a preliminary survey to see where the line should go? At the least, you have a claim for "damages" which translates to more money. If you have not been paid for the easement yet, you can work it in the agreement and expect more than just a $/ linear foot type figure. If the easement is already aquired, talk to one of the land agents assigned to you or your area. They are the people to deal with in a case like this; the survey crews rarely have any contact with the people with the money.

Hope that helps, I may be offbase with some of my presumptions, but that was what it sounded like.






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20symbolsisnotenoug
Florida Fan
Texas
Member since May 2012
358 posts

re: OT Attorneys: Prescriptive Easements


Let me get this straight Charley,

You know there is a pipeline across your land, neighbors on either side have been paid for easements across their land and you have not? A pipeline was built across your land without your knowledge of the project?

If all these are true, that is a huge deal and should have never got to this point. If the land has always been in family possession, the chain of title for the land wouldn't have been hard to follow.

There are a few things that may have happened, but you still have a claim to money.

1. The title company or survey company made a bad error and thought the land the line crosses belonged to a neighbor. This is unlikely with the line going across your land for ~500 feet, but if it was on a unfenced property line or near the highway, railroad ROW boundaries, it could have happened. In that case, an independent survey is a good idea. It would be worth your while to research it, and confront the company with this evidence. Then, they would have no excuse not to rectify the situation. Keep on that land agent; they can be very lazy and irresponsible.

2. As an undivided interest in the land, you may not have been seen in the title. I'm sure you have, but talk to the others listed as interest holders on the land to see what they know, have been told. We have had instances where family members have cheated (or tried to cheat) their brothers/ cousins, etc. out of money by not revealing other parties. I'm not saying this is happening to you, but it's not out of the question.

Is the gas company, by chance, Denbury, TransCanada, or Kinder-Morgan? I've worked in that area before and they always had work there.






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GaryMyMan
USA Fan
Lower Garden District
Member since May 2007
10776 posts

re: OT Attorneys: Prescriptive Easements


Option 2 seems much more likely. File your JOP's, folks!


This post was edited on 7/21 at 3:30 pm


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CharleyLake
Member since Oct 2006
662 posts

re: OT Attorneys: Prescriptive Easements


Symbols, you have a good understanding of the situation. Westlake Group supplies ethylene to PPG and Georgia Gulf. The Georgia Gulf lateral was added @2005. It is a small linear parcel of land that the landman for Shell Oil Company back in 2004 likely presumed that was owned by the Louisiana Dept. of Highways. They simply do not have an agreement with any landowner including my kinfolks.
I discovered this recently reading a proposal for a CO2 line by Denbury Resources because it had a sketch attached to it. It showed a Shell easement. The plat was done last January by L.W. Survey from Houston. I did request information from them but they possibly thought they would be lible and I did not pay for the survey.
I appreciate your interest in this matter and could use guidance.






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fishfighter
LSU Fan
Baton Rouge
Member since Apr 2008
18944 posts

re: OT Attorneys: Prescriptive Easements


quote:

If they got off ROW, its tresspassing unless the survey permission you granted gave them access to the entire property. Had they already bought the easement or were they doing a preliminary survey to see where the line should go? At the least, you have a claim for "damages" which translates to more money. If you have not been paid for the easement yet, you can work it in the agreement and expect more than just a $/ linear foot type figure. If the easement is already aquired, talk to one of the land agents assigned to you or your area. They are the people to deal with in a case like this; the survey crews rarely have any contact with the people with the money.

Hope that helps, I may be offbase with some of my presumptions, but that was what it sounded like.



They only have a ROW on the pipline. There are gates for them to use, but got a good 120' off the easement. I got in a pissing contest with them 4 years ago when I planted the trees. The ones that were close to the line were 25' set back off the line.

I'm going to give them another week. If nothing or any calls from them, then I will press charges. Oh, the crew that clipped it does work for Williams.






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