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Rural Land Purchase Question - Landlocked Land - Louisiana

Posted on 7/21/25 at 1:38 pm
Posted by JCPegasus
Member since Jun 2019
90 posts
Posted on 7/21/25 at 1:38 pm
This seemed like the best place to ask a land purchase question. Hoping someone could give some insight.

I’m considering a land purchase in Louisiana. I grew up in Louisiana but live in Texas. This property would be used as a camp.

Not as familiar with Louisiana law other than what I can find on the internet.

A few details:

- The land is rural and is landlocked but has a right of way used by farmers. From what I can tell, property owners must allow you to access your property, but “Landlocked property owner is required to compensate their neighbor for the right of passage and damages caused by its use”. Do any of you have experience with this? How is compensation determined?
- Neighbors look to be good people. Any other potential pitfalls / blind spots that I’m missing? The owners allowing me access could change. Then what?
- Does not have utilities and will not need utilities for a while. Will park a travel trailer.
- Looking at onX Hunt, a small portion of the property is currently being farmed. The rest of the property is wooded. I would like to let them continue farming that portion of the property for the Ag exemption. What are Louisiana requirements to qualify for Ag exemption? “Generally 5 acres - smaller parcels may qualify if they’ve been actively farmed”
Posted by mylsuhat
Mandeville, LA
Member since Mar 2008
49821 posts
Posted on 7/21/25 at 2:09 pm to
quote:

“Landlocked property owner is required to compensate their neighbor for the right of passage and damages caused by its use”.
I think a lot of this is "hey if you use my road and rut it up, you're responsible to help with the next load of shells
Posted by Piebald Panther
Member since Aug 2020
611 posts
Posted on 7/21/25 at 2:57 pm to
Louisiana law doesn't allow land locked land to be sold without access being established.

If there's an easement established with the current farmer/owner that easement will pass through the sale of the property. You will have to abide by the terms of that easement.

If it's already Ag and you don't change the use, it'll stay the same.
Posted by cgrand
HAMMOND
Member since Oct 2009
46225 posts
Posted on 7/21/25 at 3:16 pm to
not LA but my dad owns a tract in Arkansas that surrounds a smaller tract owned by others. There’s a road that crosses his creek that gives them access to hunt. He’s required to maintain access to the road (no gates etc) but they have to repair the road if needed
Posted by JCPegasus
Member since Jun 2019
90 posts
Posted on 7/21/25 at 8:45 pm to
quote:

If it's already Ag and you don't change the use, it'll stay the same


Thank y’all for the help.

Rough measurements on onX… there’s almost exactly 2 acres being farmed. The adjacent tracts are all being farmed. One particular tract just so happens to extend their field onto this property by 2 acres.

The fields have different owners with the same last name. Obviously all family. I wouldn’t want to stop them farming it, especially if I can get the exemption. I’m just not sure 2 acres is enough.
This post was edited on 7/21/25 at 9:15 pm
Posted by turkish
Member since Aug 2016
2251 posts
Posted on 7/21/25 at 8:46 pm to
Can you provide the statute for that? I don’t know LA’s laws, but MS has something similar but not the same. In MS, it’s more along the lines of you’re prohibited from subdividing land in a sale that landlocked it. But sins of the past are ignored, and landlocked parcels hit the market all the time. There, you can take it to court and get access granted, but you’ll also have to compensate the impacted landowners. And worst of all, you’ve guaranteed that your neighbors will hate you.
Posted by Milescb28
New Orleans
Member since Oct 2008
218 posts
Posted on 7/21/25 at 9:50 pm to
If you’re going through a land bank for a loan they usually won’t loan money without deeded access to the land.
Posted by X123F45
Member since Apr 2015
29422 posts
Posted on 7/21/25 at 11:51 pm to
quote:

Louisiana law doesn't allow land locked land to be sold without access being established.


That's not entirely accurate.

Case in point, a neighbor sold only his frontage (and access) and expected me to then offer him access to his property across a half mile of mine. I allowed it, verbally only.

When it came time to sell, he had exactly two parties willing to purchase... The neighbor and myself. How willing to give access to other parties were we? Zero.

There are specific situations where land can be truly without access. Inherited property can get tricky.

As soon as I can make a certain nursing home in new orleans understamd that all of their seized property behind ours hasn't had access in over 100 years and is swampland not worth 20k an acre... I intend to purchase a lot.
Posted by Piebald Panther
Member since Aug 2020
611 posts
Posted on 7/22/25 at 7:25 am to
I phrased it incorrectly. A property cannot be landlocked without access. The land locked estate has the right to establish access across the neighboring property. Compensation for the access is where things can go bad with the wrong neighbor.

I’ve dealt with old landlocked properties. Always get access established up front before buying and it’ll save a lot of headaches.

Also seen some absolutely retarded divisions of estates where they divided the property without the divided parcels having road access. The road frontage parcel then has to grant a servitude to the landlocked properties and will have to abide by it to every future owner.
Posted by Piebald Panther
Member since Aug 2020
611 posts
Posted on 7/22/25 at 7:47 am to

quote:

There, you can take it to court and get access granted, but you’ll also have to compensate the impacted landowners. And worst of all, you’ve guaranteed that your neighbors will hate you.


It’s in civil code 689. Same sort of process. It’s always easier and cheaper to establish a good neighborly relationship than have the court tell you that you’re gonna be neighbors whether you like it or not.

Posted by JCPegasus
Member since Jun 2019
90 posts
Posted on 7/22/25 at 10:07 am to
quote:

Compensation for the access is where things can go bad with the wrong neighbor.


This is what concerns me. Surely they can’t make up an arbitrary number? Is there a formula?

quote:

Get access established upfront before buying


Can this be done between the buyer/seller agents without a document written by an attorney?
Posted by baldona
Florida
Member since Feb 2016
23301 posts
Posted on 7/22/25 at 10:18 am to
quote:

Rough measurements on onX… there’s almost exactly 2 acres being farmed. The adjacent tracts are all being farmed. One particular tract just so happens to extend their field onto this property by 2 acres.


What's the total amount of land here? Only a couple of acres isn't worth the hassle to own IMO unless you already know the landowners around it. You are just asking to have a bad relationship with the neighbors, they likely want the use of the land without you being involved but just can't afford to buy it themselves or don't care to because they can use it for free.
Posted by Piebald Panther
Member since Aug 2020
611 posts
Posted on 7/22/25 at 10:27 am to
quote:

This is what concerns me. Surely they can’t make up an arbitrary number? Is there a formula?



If it's had access established for years, they're more than likely not going to be jerks about it and it can be worked out with them. A property I hunt, we maintain the road by fixing holes, add gravel when needed, and grating. No money changes hands. Most reasonable landowners would accept this.

Getting a cost estimate for road maintenance from a road contractor would be a good baseline to offer if the adjacent landowner wants a number.

quote:

Can this be done between the buyer/seller agents without a document written by an attorney?


They can hammer out the deal points, but you want an attorney to draw up a legally binding document and have it recorded.
Posted by JCPegasus
Member since Jun 2019
90 posts
Posted on 7/22/25 at 10:55 am to
quote:

What's the total amount of land here?


Total is 10 acres, full of trees
~2 acres of a much larger tract being farmed on the back side of the property. It’s a very large field that extends over the property line.

I’m sure these farmers are worth a lot more than me. I am curious to know why they wouldn’t buy it.

The appeal for me is the proximity to hunting and fishing spots, not hunting the land itself.

And it’s close to where I grew up and close to my family. I need to start taking my kids back home more often.
Posted by ImaObserver
Member since Aug 2019
2444 posts
Posted on 7/22/25 at 11:09 am to
Be aware that the individuals who are farming those two acres may have a right to title by adverse possession of the property if they have been using it without a lease for the necessary amount of time.
Posted by TigerDeacon
West Monroe, LA
Member since Sep 2003
29849 posts
Posted on 7/22/25 at 12:07 pm to
quote:

JCPegasus



Go see an attorney that actually deals with real estate. There is a lot of very bad advice in this thread. There are other code sections that deal with this issue other than 693. How the property was land locked being a key consideration.
Posted by Piebald Panther
Member since Aug 2020
611 posts
Posted on 7/22/25 at 1:10 pm to
quote:

There are other code sections that deal with this issue other than 693. How the property was land locked being a key consideration.


I agree talk to an attorney to make sure of the legalities and figure out what is actually in place for access through title review.

I think the thread is making a more complicated scenario out of one that is likely not that complicated.

693 absolves the neighbor from providing access for voluntary alienation, but 694 protects the landowner if the access was already established.

quote:

When in the case of partition, or a voluntary alienation of an estate or of a part thereof, property alienated or partitioned becomes enclosed, passage shall be furnished gratuitously by the owner of the land on which the passage was previously exercised, even if it is not the shortest route to the public road or utility, and even if the act of alienation or partition does not mention a servitude of passage.
Posted by TigerDeacon
West Monroe, LA
Member since Sep 2003
29849 posts
Posted on 7/22/25 at 2:38 pm to
There is a lot of nuance there. OP threw up a lot of red flags and needs to talk to someone to walk him through the purchase.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
111981 posts
Posted on 7/22/25 at 2:43 pm to
quote:

I phrased it incorrectly. A property cannot be landlocked without access. The land locked estate has the right to establish access across the neighboring property. Compensation for the access is where things can go bad with the wrong neighbor.


But, I don't think you can "create" a landlocked estate and impose this on neighbors.

for example, I own 1000 acres (not landlocked because I have frontage on a state highway and I want to sell the back 200, which is closer to a state highway through my neighbor's property (but would be landlocked as to me). I don't think I could sell that property like that.
Posted by cgrand
HAMMOND
Member since Oct 2009
46225 posts
Posted on 7/22/25 at 2:48 pm to
you cannot
you can’t force an easement on an adjacent landowner who is not a party to the sale. You would have to create an easement through your own property

All of this would be addressed in your application for subdivision of your property. It’s not subjective…land division is submitted and reviewed for a reason
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