Legal Question in Real Estate Law in Louisiana

my property includes all but about 5 or 6 inches of a shared access drive. my neigbor uses my drive to access a worksop business in his backyard. He continually parks in the drive and blocks my access to my backyard. what are my options in removing his access rights to my driveway. i have plenty of room to move my drive so that it is fully on my property and not on any of his. i have another purpose of putting up a fence, because other neighbors are driving through my backyard to access my drive to get to the street (they do not have easement rights).


Asked on 9/20/10, 9:27 am

1 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

If your neighbor has other access to his property there is no implied easement of use. If your deed indicates that there is an easement then there is little you can do other than try to buy the 6inches. You should first make an appoinent with your neighbor, explain your concerns and attempt to reach a mutually beneficial solution. You can certainly move your drive further onto your own property but you should not build anything directly on property line. You should always build where there is no question whose property it is on.

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Answered on 9/25/10, 1:53 pm


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