Legal Question in Real Estate Law in Louisiana

if I have been using someone elses driveway for over 30 years can they just all of a sudden put up a fence that blocks the driveway


Asked on 1/05/12, 10:24 am

1 Answer from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

That depends. If you have been possessing it with an intent to own it, it could be yours now under the law of acquisitive prescription. It is also possible that a right of use has been created. Lastly, if your property is landlocked with no other access to a public road, that changes everything. The issue is very fact intensive and a lawyer would have to look at all of the facts and records, including the land records and plots, to see if you have a claim. The short answer is "possibly". It is probably worth spending a couple of hundred bucks or so to pay a real estate attorney for a bit of his time to review the matter with you. While many attorneys offer a free consultation, the specialization you want and the time involved to review the records and research the jurisprudence would probably require some payment to a real estate lawyer for his or her time to research the issue. It would probably be money well spent.

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Answered on 1/05/12, 11:15 am


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