Legal Question in Real Estate Law in Louisiana

I just purchased a home 3 weeks ago and people on the next lot over came and told us that they let the previous owners of my property put my fence on their property, now they want me to take it down and move it over by a few feet. What is my legal right?


Asked on 10/12/10, 12:36 pm

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

I cannot believe you would purchase a piece of property without having a survey done. So, assuming you did, look at that and see where the fence is located. If you did not have the survey, look at the property description and see if it says that "the fence" is a boundary, which I doubt. However, if the fence has been there for over 10 years, you may have the argument that the use of the "servitude" for 10 years allows the subsequent owner to assume that servitude. But no one can really help you without speaking with you in person. If you were some how assured the fence was within the property lines by the seller or the realtor, then you may have another out. Meet with an Attorney face to face.

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Answered on 10/17/10, 2:17 pm


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