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re: Would you sell a future neighbor a 15'x70' strip of the edge of your property?
Posted on 10/24/17 at 11:43 am to TDsngumbo
Posted on 10/24/17 at 11:43 am to TDsngumbo
There are laws on the books about right of ways in landlocked properties, these are a few examples.
Louisiana C.C. art. 694 currently provides:
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, and even if the act of alienation or partition does not mention a servitude of passage.
In 1976, former La. C.C. art. 701 of the 1870 Civil Code provided:
It is not always the owner of the land which affords the shortest passage who is obliged to suffer the right of passage; ?for if the estate, for which the right of passage is claimed, has become inclosed by means of sale, exchange or partition, the vendor, coparcener or other owner of the land reserved, and upon which the right of passage was before exercised, is bound to furnish the purchaser or owner of the land inclosed with a passage gratuitously, and even when it has not been sold or transferred with the rights of servitude.
Louisiana C.C. art. 695 provides:
The owner of the enclosed estate has no right to the relocation of this servitude after it is fixed. The owner of the servient estate has the right to demand relocation of the servitude to a more convenient place at his own expense, provided that it affords the same facility to the owner of the enclosed estate.
Louisiana C.C. art. 694 currently provides:
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, and even if the act of alienation or partition does not mention a servitude of passage.
In 1976, former La. C.C. art. 701 of the 1870 Civil Code provided:
It is not always the owner of the land which affords the shortest passage who is obliged to suffer the right of passage; ?for if the estate, for which the right of passage is claimed, has become inclosed by means of sale, exchange or partition, the vendor, coparcener or other owner of the land reserved, and upon which the right of passage was before exercised, is bound to furnish the purchaser or owner of the land inclosed with a passage gratuitously, and even when it has not been sold or transferred with the rights of servitude.
Louisiana C.C. art. 695 provides:
The owner of the enclosed estate has no right to the relocation of this servitude after it is fixed. The owner of the servient estate has the right to demand relocation of the servitude to a more convenient place at his own expense, provided that it affords the same facility to the owner of the enclosed estate.
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