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re: road construction crew jacked up my yard

Posted on 8/31/15 at 1:10 pm to
Posted by icegator337
Lafayette
Member since Jan 2013
3756 posts
Posted on 8/31/15 at 1:10 pm to
If it's within the right of way or in a servitude agreement that you or the previous owner agreed to then they don't have to do anything. If it's on your property they shouldn't have been working there without some type of construction servitude. Generally an inspector or the engineer will have them fix it but the construction company usually won't do anything without being told by the engineer/inspector. A gas service line would be different depending on the location relative to the property line
Posted by graychef
Member since Jun 2008
30552 posts
Posted on 8/31/15 at 1:12 pm to
(no message)
This post was edited on 3/16/21 at 11:32 am
Posted by MikeBRLA
Baton Rouge
Member since Jun 2005
17243 posts
Posted on 8/31/15 at 1:13 pm to
quote:

You don't own the easement


By definition you certainly do own the easement. However the easement grants others the right to use your property.
Posted by Weaver
Madisonville, LA
Member since Nov 2005
28132 posts
Posted on 8/31/15 at 1:14 pm to
join the club. Same happened to me last year in St Tammany. f'ed up my front yard and they replaced it but it was a shitty job.
Posted by torrey225
Member since Mar 2015
1437 posts
Posted on 8/31/15 at 1:17 pm to
There is usually a bid item in construction work for grass seed and sod for these situations. I would contact the city first.

Also, report to 311.
This post was edited on 8/31/15 at 1:23 pm
Posted by Janky
Team Primo
Member since Jun 2011
35957 posts
Posted on 8/31/15 at 1:19 pm to
I live on a corner lot. There are no sidewalks and my grass goes all the way to the curb The area along the curb is covered in dirt, but the big damage is probably 20-25ft from the edge of the road in the middle of my yard.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
20425 posts
Posted on 8/31/15 at 1:26 pm to
quote:

quote:
You don't own the easement


By definition you certainly do own the easement. However the easement grants others the right to use your property.


Bunch of damn OT lawyers running their traps here. Of course you own your lot. If you didn't own the property then you can't grant someone a Servitude for it. The Servitude just gives them a right to enter onto, make modifications to and otherwise access or cross your property. It is your property regardless and every Utility Servitude I have seen specifically addresses returning property to its original state after work is completed.

If you think you don't own that property, tell the Parish you aren't paying taxes on it next year and see how that goes over.
Posted by N2cars
Member since Feb 2008
40412 posts
Posted on 8/31/15 at 1:28 pm to
I feel your pain. My servitude at home is 30' and my commercial is 50'.

Def. check your servitude and take pics. Email them the damage and maybe they'll fix.

Keep in mind, you get more flies with honey...
Posted by N2cars
Member since Feb 2008
40412 posts
Posted on 8/31/15 at 1:30 pm to
quote:

It is your property regardless and every Utility Servitude I have seen specifically addresses returning property to its original state after work is completed.


:The More You Know:
Posted by Ancient Astronaut
Member since May 2015
37427 posts
Posted on 8/31/15 at 1:40 pm to
Which construction co?
Posted by icegator337
Lafayette
Member since Jan 2013
3756 posts
Posted on 9/1/15 at 8:58 am to
quote:

20-25ft from the edge of the road


This is probably on your property. Most residential Right of ways are 50ft, so 25 ft. from center line of road. You likely do not own the property where the utilitys and culverts are located.

If your really curious go talk to a the surveyor next time you see one out there and ask him to stake your corners. That is what you own up to
This post was edited on 9/1/15 at 9:00 am
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