Landlocked but not out of luck

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.

Basic elements of acquiring the right of passage for utilities

1.  The owner must have no access to a public utility on his own property.

utility house2.  Utility service includes electricity, gas, water, sewer, cable, telephone and other commonly used power and communication networks required for the operation of an ordinary household or business.

3.  The right of passage shall be suitable for the kind of utility that is reasonably necessary.

 Location of passage

4.  The landowner may not claim a right of passage for the utility anywhere he chooses.

woker with spade5.  The passage shall be taken along the shortest route to the utility at a location least injurious to the neighbor.

6.  If a servitude already exists to access a public road, then the location of the right of passage for the utility shall coincide with the location of passage to/for the road, unless an alternate location is less injurious to the neighbor.

7.  The location of the servitude shall be at a place that does not affect the safety of the operations or significantly interfere with the operations of the owner of the neighbor’s property.

Cost of access

8.  The landlocked owner may construct on his neighbor’s property the type of utility reasonably necessary for the exercise of the servitude.

9.  The utility crossing shall be constructed in compliance with all appropriate and applicable federal and state standards so as to mitigate all hazards posed by the passage and the particular conditions of the neighbor’s property.shovel with money

10  The owner needing the utility access is bound to compensate his neighbor for the right of passage acquired.

11   The landlocked owner is bound to indemnify his neighbor for any damages.

12.  The landlocked owner will be responsible for any new or additional maintenance burdens created by the passage across his neighbor’s property.

 

Before You Dig, Call 811

Be a responsible landowner. Before digging, call La One Call at 811 to make sure you know where all the utilities are buried.

La One Call was created to protect underground facilities and to prevent dangerous situations. Upon notification of digging, La One Call notifies the utility companies. The utility companies then either mark the underground facilities or provide information so that the demolisher or excavator can locate the utilities.

La One Call services are free to anyone who disturbs the soil, individuals and companies, whether they work with heavy equipment or hand tools.

Participation in La One Call is voluntary for local utility companies. Nonmember utility companies must be contacted directly.

Notification to La One Call can also be made online.

For more information, visit laonecall.com.

 

Have questions about your real estate transaction?

Then contact us for a discussion particular to your sale or purchase transaction.

Brochure

Click here for a brochure containing this information.

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Lydia J. Alford

Lydia J. Alford

Alford & Alford is a father-daughter law partnership of William C. “Neil” Alford and Lydia J Alford. Over his 43 years of experience, Neil has handled simple and complex, residential and commercial real estate matters. Lydia’s 26 years of experience gives her the ability to offer well-rounded pragmatic solutions to varied civil legal issues.
Lydia J. Alford
Lydia J. Alford

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