Legal Question in Real Estate Law in Louisiana

I purchased an un-proportion 100 acre tract of land that has a servitude for a man-made lake. The servitude states that the lake can flood to the 245 to 250 ft sea level contours and shall exists as long as the lake is maintained. The lake is lower than previous years and has been lower for more than 10 years. Also, there has been no maintenance to this portion of the lake. Can I continue claim the land at the shore's edge that is within the purchased tract boundary? Is it necessary to file records of my claim? Also, do I hold the mineral royalty rights to the land under the water since these mineral rights were not retain by others? (Louisiana Law)


Asked on 12/26/10, 8:46 am

1 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

The owner of the servitude would own mineral rights under the lake. You would have to file a suit to claim the land or that servitude no longer exists.

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Answered on 1/01/11, 8:25 am


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