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re: How to create a legal roadway to a secluded home?
Posted on 9/28/15 at 2:17 pm to LSUengr
Posted on 9/28/15 at 2:17 pm to LSUengr
quote:
Each municipality is different. However, most will make you subdivide the parent tract into 2 separate lots. A servitude of passage would then be dedicated across their lot to get to yours. If you were building a separate driveway, you could do a flag lot with frontage on the highway. Most municipalities will make you have a new address for 911 purposes. Same address with different letters gets confusing in emergency situations.
This is correct.
0
Posted on 9/28/15 at 2:21 pm to TDsngumbo
(no message)
This post was edited on 9/28/15 at 2:22 pm
Posted on 9/28/15 at 2:25 pm to TDsngumbo
Call surveyor and have them subdivide the land and make a easement to the property in the back. They will know what govt department to bring it to do the division can be approved. Different parishes/counties/town will have different requirements for easement size and other things. Don't forget about how you will get utilities. Make easements for gas, water, power, whatever else you will need.
Build driveway and get a maintenance agreement drawn up and signed by anyone that has ownership/use access of the driveway. I have five people share a private 1/2 mile drive. We all share responsibility for upkeep on agreement, but you can word it however you want.
It's not complicated other than dealing with govt paperwork.
Build driveway and get a maintenance agreement drawn up and signed by anyone that has ownership/use access of the driveway. I have five people share a private 1/2 mile drive. We all share responsibility for upkeep on agreement, but you can word it however you want.
It's not complicated other than dealing with govt paperwork.
Posted on 9/28/15 at 2:32 pm to TDsngumbo
quote:
the in-laws have offered to sell the wife
congrats man.
Posted on 9/28/15 at 2:34 pm to TDsngumbo
Where is gingerkittie to give us more stories about the vast lands and sheds her family owns? I bet she would have experience in this matter.
Posted on 9/28/15 at 2:37 pm to stout
quote:
Actually you have to call the local 911 office to get your address. They're the ones that mark it now. Obviously don't actually call 911 but they have a number you call and they will come GPS where the culvert is and assign your address based off of that.
Also you need to have your inlaws just survey you out a 20-30' wide strip of land that connects to your land in the back and that way you never have to worry about fighting over easements.
This is the most accurate post in this thread.
I will add this:
You will probably need 30' at a minimum and you want to make sure you get a maintenance agreement whereby your inlaws will give you the right to maintain and repair the road to your property. Also, make sure it allows for utilities as well.
Each political subdivision will of course be different, but I do you believe you would need to file a subdivision plat for simply selling off one parcel of property. Typically, they don't worry about tracts over 5 acres or if you are selling more than for lots of smaller than 5 acres.
Posted on 9/28/15 at 2:41 pm to Shackleford
quote:
You don't have to buy the land. I'm assuming if they are giving you part of the property, then you will have a revised deed with the land in your name. Just get a right of way agreement with the family. You will have to pay a registered land surveyor to draw it up and sign it to have it recorded. That way if you or your family ever sells the property, the driveway right of way will still be there.
This, plus the surveyor will set monumentation of said deed calls before recording it.
Posted on 9/28/15 at 2:56 pm to Agforlife
Does this piece of land you plan to acquire have any road frontage?
Posted on 9/28/15 at 2:56 pm to TDsngumbo
quote:
1. Can we just build a long arse driveway from the main highway and create a new address from said highway or do we need to go through the trouble of having a legal roadway built to the home site?
We had a limestone road built to the homes. Asphault or Concrete would had been too expensive for us to build.
quote:
2. What is the process by which one would go about creating a new address along a highway where odd and even numbers are already taken? Would we simply have the same address as the in-laws with a "B" added to it, kind of like an apartment style address?
We live on some family land with a similar situation. There are three houses off of the main highway. We had to have A,B,C added to the end of the address number.
Posted on 9/28/15 at 2:58 pm to Agforlife
quote:
You don't have to buy the land. I'm assuming if they are giving you part of the property, then you will have a revised deed with the land in your name
If the OP is in Louisiana, this statement makes no sense at all.
Posted on 9/28/15 at 3:20 pm to TDsngumbo
What you are looking for is a civilian "right of passage." This is a legal servitude that operates as a matter of law when you have an enclosed estate.
Go down to the post office and ask for a certificate of riparian ownership under the Ius Commune. Take your certificate of the courthouse and wait until 9:30-10:00 a.m. When an LA District Judge comes in and is seated, he will ask if there are any matters of testimony that need to be heard. That's when you should stand up and say:
"Your honor, I am hear to invoke a riparian right of passage. Ius Commune!! Commune!! Commune!!"
He will know what you are doing and will stamp your certificate. After that, it's just a matter of shovels and peach-infused vodka until your new road is christened.
**Full disclosure, I could be wrong about this. Nothing in this post is legal advice and I am not your lawyer.**
Go down to the post office and ask for a certificate of riparian ownership under the Ius Commune. Take your certificate of the courthouse and wait until 9:30-10:00 a.m. When an LA District Judge comes in and is seated, he will ask if there are any matters of testimony that need to be heard. That's when you should stand up and say:
"Your honor, I am hear to invoke a riparian right of passage. Ius Commune!! Commune!! Commune!!"
He will know what you are doing and will stamp your certificate. After that, it's just a matter of shovels and peach-infused vodka until your new road is christened.
**Full disclosure, I could be wrong about this. Nothing in this post is legal advice and I am not your lawyer.**
Posted on 9/28/15 at 3:20 pm to TDsngumbo
Your situation is similar to what we did earlier this year. We gave our son 25 acres in the back of our house. We just extended our driveway to go back that far.
We had no issue with creating an address since we there are lots of numbers available after ours.
Since our driveway is about half a mile to our house and another third-half a mile to the son's new house, the city wanted to pave it and make a whole new street (to be named by us).
That might be a good option for ya'll if it is feasible and the city is ok with it. Then you won't have the issue with the numerical part of your address. You would have a new street name with lots of number available.
We did not want the new city street because it would mean our driveway would become a public street and we want our privacy. We like being able to close the gate up by the highway to keep the public and nosy people out.
We had no issue with creating an address since we there are lots of numbers available after ours.
Since our driveway is about half a mile to our house and another third-half a mile to the son's new house, the city wanted to pave it and make a whole new street (to be named by us).
That might be a good option for ya'll if it is feasible and the city is ok with it. Then you won't have the issue with the numerical part of your address. You would have a new street name with lots of number available.
We did not want the new city street because it would mean our driveway would become a public street and we want our privacy. We like being able to close the gate up by the highway to keep the public and nosy people out.
This post was edited on 9/28/15 at 3:24 pm
Posted on 9/28/15 at 3:32 pm to LSUengr
quote:
Each municipality is different. However, most will make you subdivide the parent tract into 2 separate lots. A servitude of passage would then be dedicated across their lot to get to yours. If you were building a separate driveway, you could do a flag lot with frontage on the highway. Most municipalities will make you have a new address for 911 purposes. Same address with different letters gets confusing in emergency situations.
This is correct, be prepared to fall over and faint if you are planning on doing it in concrete. May cost more than the house you want to build
Posted on 9/28/15 at 3:34 pm to gingerkittie
quote:
We did not want the new city street because it would mean our driveway would become a public street and we want our privacy. We like being able to close the gate up by the highway to keep the public and nosy people out.
This would be last option for me. It may work in some areas.
Posted on 9/28/15 at 3:34 pm to stout
buy the land that you need to build the road on, thus you don't have to frick with easements.
Easements can be a pain in the arse.
Easements can be a pain in the arse.
Posted on 9/28/15 at 3:50 pm to stlslick
This is all good information. Please keep it coming! 
Posted on 9/28/15 at 4:14 pm to TDsngumbo
Since your point of access with be thru an adjoiner, you will need the PLS to create a cross-access easement. You're looking at a couple thousand to cover the field visit, research, and drafting. Sounds simple to just have an easement document drawn up, but there needs to be research done to make sure the people granting access (grantee) are fee simple and are even able to do this. If the folks granting you access are mortgaged, then the mortgage company would need to give consent to you having access across their property. The mortgage company could say no since your access easement creates a servitude and would limit what a future land owner can do with that property. There's also a liability issue on the part of the grantee's insurance company. Additionally, if you are constructing a road, your due diligence should include making sure you won't be crossing another easement or digging into an existing easement. Lot of factors, but your first stop is talking to a survey company about what you want to do. The PLS will first have to establish the grantee's boundary lines in order to make sure the easement legal will be correctly tied into the legal of the grantee's legal description. Lot of factors involved. If the grantee is a fee simple, it will make things easier, otherwise it will get sticky
Posted on 9/28/15 at 4:33 pm to TechBullDawg
Exaclty... go to a surveyor (PLS). They will know exactly what you need to have done.
In my case, we made a 30ft right of way (parish requirements) from the road to my lot. I then had to take the survey plat to the parish planning office for a new address then to the permit office for the flood zone crap.
BTW... the surveyor charged $1500, but he had previously done work on the land.
In my case, we made a 30ft right of way (parish requirements) from the road to my lot. I then had to take the survey plat to the parish planning office for a new address then to the permit office for the flood zone crap.
BTW... the surveyor charged $1500, but he had previously done work on the land.
This post was edited on 9/28/15 at 4:34 pm
Posted on 9/28/15 at 4:57 pm to LSUengr
quote:
Each municipality is different. However, most will make you subdivide the parent tract into 2 separate lots. A servitude of passage would then be dedicated across their lot to get to yours. If you were building a separate driveway, you could do a flag lot with frontage on the highway. Most municipalities will make you have a new address for 911 purposes.
This. With the servitude you go to the parish 911 office and apply for a address. You also go to your Police Jury and apply to name the servitude road which to keep it private, it has to be 30' wide, 60'if one day you want to sell lots. That first. You will need it all surveyed and mapped out before you start.
Oh, it took 4 months here in Pointe Coupee parish.
This post was edited on 9/28/15 at 4:59 pm
Posted on 9/28/15 at 5:10 pm to TigerDeacon
quote:
If the OP is in Louisiana, this statement makes no sense at all.
It's called a act of donation here in Louisiana.
That way no one pays on taxes if money is exchanged under the table. 
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