Louisiana Easement for Streets and Roads

State:
Multi-State
Control #:
US-EAS-6
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, an Easement for Street and Roads. Allows a perpetual, non-exclusive right of way and easement to construct temporary and permanent streets or roads.

An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
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FAQ

An easement by necessity is recognized by law when one or more property owners have no other way to do something essential without crossing over your property. This is certainly the case when the only way to get to the street is by traversing your land.

Landlocked landowners in Louisiana can now hookup to utilities on their neighbor's property. Previously, the enclosed landowner could cross a neighbor's property only to obtain access to a road. However, it is not an unrestrained right and is not free.

Similar to the common law doctrine of easement by necessity, Louisiana law provides that all estates without access to a public road have a right to obtain passage over neighboring property to reach the nearest public road.

If you own the land fronting the street, you cannot block access to those who must cross your property to access the street. They have a legal right to do so. A prescriptive easement is one that is recognized by the mere fact of its existence and its continued use.

A voluntary right of passage otherwise available by law to visitors and descendants cannot be unreasonably withheld by the owner, but may be limited to reasonable times and durations and may follow a path designated by the owner.

Right of Access La. Const. art. XII Section 3 reads: No person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established by law.

The highway right-of-way line on each side of all major highways is established as 50 feet from the centerline (Total right-of-way width: 100 feet).

The highway right-of-way line on each side of all major highways is established as 50 feet from the centerline (Total right-of-way width: 100 feet).

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Louisiana Easement for Streets and Roads