Easement & Boundary Disputes

Boundary Disputes

Boundary disputes arise when neighboring property owners disagree about where their property lines are. Common triggers include: a new survey that contradicts a fence or structure built years ago; a neighbor who builds a structure that encroaches on your property; or a discrepancy between two deeds. In Louisiana, boundary disputes are governed by Civil Code Articles 784–796, which provide a process for judicial boundary establishment — requiring the court to appoint a surveyor and establish the boundary based on title, prescription, or natural boundaries.

Easements in Louisiana

An easement (called a "servitude" in Louisiana) is a right one property has over another — such as a right of way for a driveway, a utility easement for power lines, or a drainage easement. Louisiana recognizes several types of servitudes:

Predial servitudes

Rights attached to a tract of land for the benefit of another tract — like a right of passage across a neighbor's property to reach a public road.

Personal servitudes

Rights granted to a specific person rather than to a property — including usufruct (the right to use and enjoy property owned by another) and right of use.

Apparent vs. non-apparent servitudes

Apparent servitudes are evidenced by physical features (like a road); non-apparent servitudes are not visible.

Acquisitive Prescription and Encroachments

When a neighbor has been using a portion of your property for an extended period — perhaps a fence was built in the wrong place decades ago, or a driveway has encroached for 15 years — the doctrine of acquisitive prescription may allow them to claim ownership or a servitude over that portion. Conversely, if you've been using a portion of neighboring land, you may be able to establish rights through prescription. These claims are highly fact-specific and require careful analysis of possession history and title records.