Legal Question in Real Estate Law in Louisiana

putting up a fence

I have 1/2 interest in 4 acres of land with my sister and she refuses to partition out 2 acres each. I have had 2 acres surveyed because she told me that she would separate the land. Anyway, can I put a fence on the 2 acres where I have my trailer, without her being able to tear it down? She is being very unreasonable about this.


Asked on 8/22/07, 3:18 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: putting up a fence

No, you cannot put up a fence. Each of you own a 50% interest in 4 acres, not 100% ownership in 2 acres. She could make you tear it down if it "impedes her enjoyment of ALL 4 acres. You can file a Petition to Partition in Kind or in the Alternative to Partition by Licitation. That is you are asking the court to split the property into 2 2-acre plots giving 1 to you and 1 to your sister. Should the court find the "in-kind" split is not fair the way you have it, then he can order the property sold and the money split between you. Since you have a survey and you are living on part of the property, it appears the partition in kind is the best way to go. You can ask that your sister pay all costs for making you go to court.

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Answered on 8/23/07, 7:53 am


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