FENCE LINES IN LOUISIANA

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Latest post 03-12-2007 12:18 PM by Drew. 4 replies.
  • 03-11-2007 12:28 PM

    Question [=?] FENCE LINES IN LOUISIANA

    AM WONDERING WHAT THE LEGALITIES ARE IN LOUISIANA CONCERNING FENCE LINES ON LARGE AREAS OF "FOREST" PROPERTY. I PURCHASED 5 ACRES ON A LAKE WHERE THE PROPERTY LINE RUNS WITH THE LAKE LINE. THEREFORE ON ONE LONG SIDE THERE IS NO STRAIGHT LINE. HOWEVER THE PEOPLE WHO OWN THE PROPERTY BEHIND ME ( THIS TOUCHES MINE) HAVE ERECTED A FENCE (ABOUT 10 YEARS AGO) THAT IS IN A STRAIGHT LINE AND THEY CONSIDER THIS THEIR PROPERTY LINE. THIS IS FINE WITH ME AS IT STRAIGHTENS OUT MY LINES, BUT IS THIS LEGAL? AFTER A CERTAIN AMOUNT OF TIME DOES THEIR FENCE BECOME THE PROPERTY LINE? THIS IS FINE WITH ME. CAN I PUT UP A FENCE THAT RUNS ALONG WITH THEIRS AND JUST "MAKE" THIS THE PROPERTY LINE SINCE THE OTHER PARTY WANTS IT TO BE ALSO? OR WOULD WE HAVE TO GO TO COURT? I AM SELLING MY PROPERTY IN LOTS AND THEREFORE NEED TO KNOW WHERE THE PROPERTY LINES REALLY ARE. THE OTHER PARTY IS LIVING ON THEIR LAND, BUT THERE IS NOTHING WITHIN ACRES OF THIS FENCE LINE ON THEIR SIDE. JUST WOODLAND. THANKS FOR ANY INFO. KFR
  • 03-11-2007 7:26 PM In reply to

    re: FENCE LINES IN LOUISIANA

    Whoa! You’re heading for some clouds on your property title!

    Your property is defined by the deed description… do you have it in hand? If you allow your neighbor, with continuous use, to gain a portion of your land via a prescriptive easement, that could cause a cloud on your title for future land owners of your parcel. Just because they “straighten out the fence doesn’t mean the deed at the courthouse gets changed.

    I can’t imagine any County Planning department allowing a subdivision of land without a survey and proper maps. The property split will have to have new proper deed descriptions written up, either by a subdivision map or metes and bounds description.

    You don’t have to go to court to have this done, but you’ll likely need the assistance of a surveyor and perhaps an attorney. I’d suggest finding out the requirements of your County Planning and contacting a surveyor first.
  • 03-11-2007 7:27 PM In reply to

    Turn off the caps lock.

    It's annoying and hard to read.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 03-12-2007 11:27 AM In reply to

    re: FENCE LINES IN LOUISIANA

    Agree/disagree with Lisa.

    Your property lines are defined by the physical features that surround your property, the deed description describes those physical features.

    You do need a boundary survey and a formal, written boundary line agreement between you and your neighbor as to the "new" boundary line.

    Contact a couple local licensed land surveyors and ask them about the local process. With five acres of wooded land, expect your boundary survey to be a couple/few thousand dollars. I wouldn't trust any surveyor that says they can do that for a grand or less.
  • 03-12-2007 12:18 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,509

    re: CAUTION

    LA has some very quirky laws--aquisitive perscription (akin to adverse possession), in some cases your neighbor can gain possession of the lands in as short a time as TEN years (30 years in other cases)



    This is a very quirky area of law and before you say or do wrong things I strongly suggest you reiew iusses with skilled RE counsel like soon--I do NOT know how the 10 year window plays out--but you'd be wise to sort it out.

    Again--the permissive vs adverse use stuff gets very trick and I suggest you NOT discuss this with neighbor, work only with counsel!



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