Legal Question in Real Estate Law in Louisiana

right of way on private road

I have property with a 30' private road established in 1969. Road is covered with large trees and underbrush approximately 2800' long. Last property owner has access from a public road 200' in front of home which that property owner has used for 15 years. Now that I own this property, last property owner wants to use the overgrown private road for additional access anytime. In my property plat it shows that I own the private road. Does this property owner have the right to use this road for an alternate access when there is a public road in front of his home solely used since establishing his residence?


Asked on 3/17/07, 8:09 pm

1 Answer from Attorneys
Myrna Arroyo Myrna E. Arroyo, LLC

Re: right of way on private road

Generally no. However, if the servitude was granted in the past and never revoked, he can still use that road. You need to get a title search to see if there is a recorded servitude in his favor. If there is no servitude, and you own the private road, you can prohibit your neighbor from using it.

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Answered on 3/18/07, 11:03 am


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