One of the more complex real estate matters that we at the Rowe Law Firm handle are servitudes. In Louisiana, a servitude is much like an easement, and is defined as a burden or charge resting upon one property that is for the benefit of another property. Our firm is able to review the situation and advise on how to proceed. It is important to obtain as much information about servitudes as you can before making home improvements, such as building a swimming pool.
Types Of Servitudes
Louisiana law specifies two different types of servitudes: a predial servitude and a personal servitude.
- Predial servitude: Closely related to an easement appurtenant, a predial servitude is a burden on the servient estate for the benefit of the dominant estate. The two categories of predial servitudes are apparent servitudes (those noted by an external sign or landmark) and nonapparent servitudes (those without any external signs or landmarks). A predial servitude may be ended by the thorough and permanent demolition of the dominant estate or of part of the servient estate. Moreover, a predial servitude automatically ends after 10 years of nonuse.
- Personal servitude: A charge or burden on something for the benefit of an individual is a personal servitude. The three types of personal servitudes are usufruct (use of the property for benefit as long as it is not damaged), habitation and right-of-use (similar to an easement while allowing use of the property but denying full enjoyment of the property).
In addition to handling servitudes and easements for our residential and commercial clients, we also represent clients in boundary disputes. These can be highly contested issues, with neighbors arguing where the actual property lines should be drawn. Our firm has experience with these issues and can also handle them when they are tied to servitude matters. Let us help you come to an agreement with the other side on the boundary lines and the use of the property.
Servitude disputes can also arise between adjoining landowners. They may also involve the misuse of a servitude, the ending of a servitude or nonuse of a servitude.
Dedicated And Effective Real Estate Legal Representation
For more information about servitudes, property right-of-way, easements and other real estate matters, turn to our experienced lawyers at the Rowe Law Firm today. Contact our office by phone at 225-250-1161 or toll free at 800-724-1992 to arrange for your confidential consultation and see how we can help you.