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re: Couple of easement questions

Posted on 8/29/25 at 1:17 pm to
Posted by SaintEB
Member since Jul 2008
23525 posts
Posted on 8/29/25 at 1:17 pm to
quote:

1) What makes an easement? They popped a box up in our yard 50' from the public road saying they were in the public easement. Now they are boring back under the private drive way for a second time to run to a neighbors house.


If they are working along a road-way, they may be in the public right of way and would be required to have a permit from the entity (city, parish, or state). Most times, private companies will purchase roadway servitudes (easements) on the outside of that public right of way. These come from land owners. All of these should be documented on plats supplied when you buy the land. If you've owned it for 40 years, your parent or grand parents may have signed these documents. But yes, they are supposed to be filed with the clerk of courts and are public record. So any utility can access that record. In the past, electric companies got electric servitudes and water companies got water servitudes, and so forth, allowing only that utility to be in that specific servitude. Most get "utility" servitudes, allowing anything classified as a utility to be there within the limits of that servitude.


quote:


2) There is a water meter in this area, did we provide an easement when we had the water company run the meter on to the property?


The land owner at the time absolutely provided a servitude to the water company to run service to the dwelling from the main line. They would not run it otherwise. This goes true for electric utilities as well. As stated before, if its a utility servitude, any "utility" can use it.

quote:

3) Hypothetically, can I have an individual (that works for the fiber company) trespassed from my property? Or can you not trespass someone that is working in a 'public easement'? (Not the entire company, just one individual employee)


You can try to have them trespassed, but if they provide the servitude document, then they cannot be made to be removed. If they working in the public road right of way or a documented servitude, they cannot be trespassed.


ETA: Louisiana allows for "prescription" servitudes, if that utility has been there for some time, they are allowed to stay without documentation. However, they cannot add to, improve, or replace that utility unless they get a signed document from the landowner. They are allowed to access and maintain only.
This post was edited on 8/29/25 at 1:21 pm
Posted by SantaFe
Baton Rouge
Member since Apr 2019
7579 posts
Posted on 8/29/25 at 2:02 pm to
It seems many people in Louisiana have difficulties with :

-easements
-servitudes
-usufructs
- riparian rights
-navigable waterways
-movable properties or chattels
-immovable properties
- neutral grounds/medians
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
72584 posts
Posted on 8/29/25 at 6:39 pm to
quote:

Now ask a usufruct question.
If you’re on a Viking cruise with another couple and you are invited over to their cabin to (ostensibly) get some Tylenol and the woman is in the cabin nekkid, usufruct her or not?
Posted by JumpingJack
Member since Nov 2024
84 posts
Posted on 9/2/25 at 8:55 pm to
quote:

Because of the $700 I'm out
you must not be good at comprehending what you read? The why care part was directed to why care if they 10ft or 200 ft on your supposed property?
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