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Easements on property.

Posted on 2/25/21 at 7:39 pm
Posted by Codeasy87
Covington, LA
Member since Feb 2020
280 posts
Posted on 2/25/21 at 7:39 pm
My property is .46 acres. The plat map shows an easement that shows my neighbor owns the easement but seems to be my property. I have a pic attached.
file:///var/mobile/Library/SMS/Attachments/66/06/989F84D4-37A6-4E9F-9D88-54EB79121628/IMG_3312.PNG

Can I build a utility shed on this and the plat survey was from 1997 and the home I bought was built in 2010. So is this my property?
Posted by MaxDraft
Baton Rouge
Member since Aug 2019
558 posts
Posted on 2/25/21 at 7:58 pm to
If the easement is still valid, you technically cannot build on it. At least not to the extent that you impair his access to/thru it. If it were not still valid, you'd probably be holding an updated plat.
Posted by Codeasy87
Covington, LA
Member since Feb 2020
280 posts
Posted on 2/25/21 at 8:18 pm to
It looks like my property in the plat. Very odd he owns the easement but It’s a hilly area that I believe I’ve been mowing for awhile now not knowing until this came up.
Posted by NOLALGD
Member since May 2014
2234 posts
Posted on 2/26/21 at 9:52 am to
Can't see the picture but is there a description of the easement and/or a title/purpose?

If its a valid easement for access or right of passage I wouldn't mess with it. If its for another reason, maybe, but I would still try to get the owners approval first.
Posted by Codeasy87
Covington, LA
Member since Feb 2020
280 posts
Posted on 2/26/21 at 11:07 am to
Per the plat:

- 15' of the easement is for water line
- the rest is maintained by the HOA owners lots 1-33 (33 total lots in subdivision) trail. Which is just a hilly grass area I've been mowing.

I was going to ask my neighbor if it was okay: have my wife as a witness and record the conversation (paper/computer) we have for records.
Posted by TimeOutdoors
AK
Member since Sep 2014
12123 posts
Posted on 2/26/21 at 11:14 am to
Is there a water line in the easement? Utility easements are pretty common. I would not build on it unless it was a small shed on a trailer or something that I could just move out of the way if they ever needed to perform maintenance on the watermain.
Posted by Zappas Stache
Utility Muffin Research Kitchen
Member since Apr 2009
38691 posts
Posted on 2/26/21 at 11:21 am to
I can't see your attachment or even paste the url into my browser. I deal with easements in my work so if I could see it maybe I could figure out whats going on.
Posted by Codeasy87
Covington, LA
Member since Feb 2020
280 posts
Posted on 2/26/21 at 11:28 am to
I was thinking of putting a small 10'x 10' utility shed on concrete blocks.

I do have the picture of the plat with the info. I can send the URL if that helps. Plat 5384, lot 20. Itr would be on Volume 29 Page 241.

LINK
Posted by Zappas Stache
Utility Muffin Research Kitchen
Member since Apr 2009
38691 posts
Posted on 2/26/21 at 12:21 pm to
It is a Drainfield Easement and also a 15' water and Trail easement along the property line. Do you have septic systems out there?
Posted by Codeasy87
Covington, LA
Member since Feb 2020
280 posts
Posted on 2/26/21 at 12:52 pm to
All of the residents have one. I'm wondering if its lot 21's drainfield. If so is lot 21 drainfield on my property?
Posted by Zappas Stache
Utility Muffin Research Kitchen
Member since Apr 2009
38691 posts
Posted on 2/26/21 at 1:08 pm to
quote:

I'm wondering if its lot 21's drainfield. If so is lot 21 drainfield on my property?


It is lot 21s drainfield and it is on your property which is not uncommon. But the easement gives them the right to use that area as a drainfield. Technically, you aren't supposed to even plant trees on it. Its possible it is a backup pipe that only drains to that area if the main pipe becomes clogged.
Posted by Codeasy87
Covington, LA
Member since Feb 2020
280 posts
Posted on 2/26/21 at 1:29 pm to
A small utility shed that can be moved should be okay though? If it isn't a permanent structure and no electrical/ water will be used i thought.
Posted by Zappas Stache
Utility Muffin Research Kitchen
Member since Apr 2009
38691 posts
Posted on 2/26/21 at 5:05 pm to
That I can't answer.
Posted by Codeasy87
Covington, LA
Member since Feb 2020
280 posts
Posted on 2/28/21 at 5:14 pm to
To make things more interesting:

The septic system is public record and the drain field actually isn’t in that easement at all.

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