- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
a neighbor's house has 8 feet right of servitude...what does this mean?
Posted on 10/20/13 at 7:59 pm
Posted on 10/20/13 at 7:59 pm
is this just giving them access for basic maintenance, or does it mean that I can't build something on that property, such as a fence?
6
Posted on 10/20/13 at 8:07 pm to The Hamburglar
Well there are different kind of servitudes. Did you just acquire this property?
Where is the servitude on your property?
Eta: I'm not a lawyer FYI
Where is the servitude on your property?
Eta: I'm not a lawyer FYI
This post was edited on 10/20/13 at 8:08 pm
Posted on 10/20/13 at 8:09 pm to The Hamburglar
You nailed it. He can never block the area with any permanent structure. Also,he had to know this was here when he purchased it,right?
Posted on 10/20/13 at 8:17 pm to TIGER2
quote:
You nailed it. He can never block the area with any permanent structure. Also,he had to know this was here when he purchased it,right?
Usually, but some people do not understand the details of what they are buying and refuse to spend the money for someone who does to explain it to thing. I know of a couple that bought a home adjacent to a small airport, there was a servitude for a taxiway to the runway through the homes backyard. They bought the property without understanding what this could mean in the long term
Posted on 10/20/13 at 8:39 pm to EA6B
Not purchased - about to offer....8' servitude in favor of lot B for access and maintenance
Posted on 10/20/13 at 8:41 pm to The Hamburglar
In orleans parish, if a fence is able to be opened and closed, is that a permanent structure?
Posted on 10/21/13 at 7:22 am to The Hamburglar
Bump for morning crew
Posted on 10/21/13 at 8:49 am to The Hamburglar
quote:
In orleans parish, if a fence is able to be opened and closed, is that a permanent structure?
I'm not in Orleans parish and without seeing your survey, typically no, it's not a permanent structure. If a city official, utility worker, whoever can gain access.
I've done a project on a home where a utility person had to have a special gate and pathway in the back yard to access a pumping station. Is this similar? The home owner had to submit plans for approval to the governing agency before it could be built.
This was a small municipal inside of Houston.
This post was edited on 10/21/13 at 8:53 am
Posted on 10/21/13 at 9:18 am to Cdawg
the house behind this piece of property is right on the property line...basically, the back neighbor's house will be my back fence. what I want to do is put a fence from his house and fence in the rest of the yard, but that back house has the 8' servitude for access or maintenance. I want to know if I can put up a fence with a gate and that is their access.
Posted on 10/21/13 at 9:38 am to The Hamburglar
quote:
is this just giving them access for basic maintenance, or does it mean that I can't build something on that property, such as a fence?
Ever thought of calling the parish in which you reside??
Posted on 10/21/13 at 9:43 am to The Hamburglar
If you're putting up a fence, typically, you will need a permit. The Parish will tell you where you can't put up a fence, but if you don;t apply for a permit, you can put it where you want and roll the dice that anyone makes a deal out of it.
Are there other houses next door that would indicate the proper fence line?
Are there other houses next door that would indicate the proper fence line?
Posted on 10/21/13 at 9:44 am to LSUtiger09
It's orleans parish...I wouldn't trust what that government office has to say.
Posted on 10/21/13 at 9:53 am to The Hamburglar
quote:
the house behind this piece of property is right on the property line...basically, the back neighbor's house will be my back fence. what I want to do is put a fence from his house and fence in the rest of the yard, but that back house has the 8' servitude for access or maintenance. I want to know if I can put up a fence with a gate and that is their access.
Probably so as long as you give them a key for access or leave it unlocked.
This post was edited on 10/21/13 at 9:56 am
Posted on 10/21/13 at 9:57 am to Motorboat
quote:
If you're putting up a fence, typically, you will need a permit. The Parish will tell you where you can't put up a fence, but if you don;t apply for a permit, you can put it where you want and roll the dice that anyone makes a deal out of it.
THe permit system in this Parish is ridiculous. You need one to do anything even as small as changing an electric receptacle and you have to wait forever to get one.
Which is why a lot of work is done without permits at all. Its created a real pain n the butt for me, because we bought an old house with updated electric - but not all the work was done with a permit - so we can't document it for the friggin' insurance company and we're being charged as if we still have knob and tube.
This post was edited on 10/21/13 at 9:58 am
Posted on 10/21/13 at 9:58 am to The Hamburglar
quote:
Not purchased - about to offer....8' servitude in favor of lot B for access and maintenance
I suspect that's just so you can't block him in/restrict access to the road. This was probably a single property at one time and when part of it was sold, the "trapped" property got a servitude. This is probably the most common type in Louisiana, after utility/drainage/highway and railroad servitudes.
Posted on 10/21/13 at 10:00 am to The Hamburglar
quote:
In orleans parish, if a fence is able to be opened and closed, is that a permanent structure?
You can put up anything you want.
With the expectation that it can be torn down anytime they want.
Posted on 10/21/13 at 10:05 am to The Hamburglar
quote:
the house behind this piece of property is right on the property line...basically, the back neighbor's house will be my back fence. what I want to do is put a fence from his house and fence in the rest of the yard, but that back house has the 8' servitude for access or maintenance. I want to know if I can put up a fence with a gate and that is their access.
Ok, now I understand the situation.
Here's the thoughts:
1- Yes you can put up a fence. Probably with or without a gate.
2- Neighbors in New Orleans have gone to court over these arrangements.
Basically you are giving him rights to the back 8' of your property. When he decides he wants to remodel his home, expect all of the scaffolding, rental equipment, materials, waste products, etc to be in your back yard (his 8' servitude) for the duration of his remodel project.
Those things can take years.
Best of luck. Nothing may ever happen. Or you may have "that" neighbor and be stuck with a nightmare.
Posted on 10/21/13 at 12:39 pm to The Hamburglar
quote:
the back neighbor's house will be my back fence. what I want to do is put a fence from his house and fence in the rest of the yard, but that back house has the 8' servitude for access or maintenance. I want to know if I can put up a fence with a gate and that is their access.
typically in "landlocked" properties, they do have a right to road access. Is there another access? If not, you'll just have to use the servitude line as your fenceline unless you work up official papers in an agreement with the owner to do otherwise.
but dealing with Orleans Parish, good luck unless you want to make a call to an attorney.
Posted on 10/21/13 at 1:18 pm to Cdawg
Does this right to road access mean a gate that can open an close, or does it mean no gate at all?
Eta - the access to the road is not through my property. Although, right to servitude for access and maintenance suggests otherwise
Eta - the access to the road is not through my property. Although, right to servitude for access and maintenance suggests otherwise
This post was edited on 10/21/13 at 1:21 pm
Posted on 10/21/13 at 2:07 pm to The Hamburglar
quote:
the access to the road is not through my property. Although, right to servitude for access and maintenance suggests otherwise
it sounds like b/c the house is situated on the property line, they have servitude rights which is normal. It's also normal to do what you want to do, especially with zero lot line home cases. I'd inform them of your plans and they should have no problem that when they need access they just ask you to open a gate for their home repairs or what not. But some neighbors can be crazy and become problem neighbors.
This post was edited on 10/21/13 at 2:09 pm
Page 1 of 2
Popular
Back to top
Follow TigerDroppings for LSU Football News