Legal Question in Civil Litigation in Louisiana

My family own 18 acres of property. 17 years ago, one landlocked acre was given as a gift to a private individual. The right of way was not on the parcel description that my family received, but on his deed I believe it says there is a 20ft wide access to his land through our property. This access has not been cleared and has never been used in 17 years. Our family has continued to use this area. It has been fenced in, grazed and also provides a vegetation screen between our property and another neighbor. Now the gifted acre has been foreclosed and fallen into bank ownership because it was used as collateral. After 17 years, is it likely that under Louisiana law, we have reacquired the right of access through prescription of nonuse and that we can now prevent or allow access at our discretion?


Asked on 4/02/11, 11:38 am

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

I believe you have reacquired the right of way because of nonuse but as soon as the owner of the landlocked acre wants to use the land, a right of way to it will have to be given to the closest public road. Why didn't the family buy the acre in the foreclosure? You could probably still buy it.

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Answered on 4/02/11, 8:03 pm


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