re: How to create a legal roadway to a secluded home?

Quote. "Go down to the post office and ask for a certificate of riparian ownership under the Ius Commune. "
I laughed thinking about the face the lady at our post office would have made if I walked in and told her that. She isn't the most educated person I have ever met.

quote:

---

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).

---

How is this possible? Or legal? The city was gonna pay for paving your driveway? On private property? Hell I live in the same parish as you and just payed for a 500 ft long concrete driveway. I need to try and find out how this works and get my money back. I would name it after whoever would write me the check!

I am a surveyor and advise people on similar situations for a living. What you are describing is what most call a flag lot, small width at the beginning, pole, opening to a larger area in the rear, flag. There are two choices on the pole part, either you purchase it along with the rear part or you acquire an easement thru the front section. An easement is certain rights for someone on property owned by someone else. In your situation these rights are usually involve ingress/egress, installing utilities and drainage. My standard suggestion is always ownership of the pole is better.

Step no. 1. Try and get some sort of map or diagram of your in-laws entire property. If a survey hasn’t been done, most assessors can provide these on their GIS program either on line or by visiting their office. They usually can include aerial background images to help you. Using the map, discuss with your in-laws and agree on what the property will look after it is divided.

Step 2. Visit the planning and zoning office who has jurisdiction over the property, either parish or city to discuss your plans with them. They will advise you on the pole portion of your lot including the required minimum width and also the easement vs. ownership of the pole. Some planning offices have very few rules while others have very strict ones. In my area 50’ is the minimum width for the pole. In addition discuss setback rules for building. Speak with an attorney about easement vs. ownership.

Step 3 Visit the utility companies, in particular the power company to discuss their easement width requirements. Also discuss the difference in cost and easement width in going underground vs. overhead.

Step 4 Visit with a reputable surveyor to discuss your plans, and have them survey the property and prepare a plat showing the partition of the property. He or she may have a few suggestions on things you haven’t considered. The assessor may be able to suggest several good surveyors.
Don’t use the cheapest price as a guide in hiring a surveyor.

Step 5 Submit the plat to the planning and zoning office for approval. At some point you will need to hire an attorney to provide the necessary documents to record along with the plat.

My advice to clients is to assume one day the worst possible neighbor will one day buy your property or your in-laws, so both of you need to be protected. I have seen it happen many times.

I live in the country and my area has a different address for every 25' of road frontage assigned by 911. I have a 200' wide lot and when I built I had a choice for my address.