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View Full Version : Implied Easement Louisiana


bjeppson
07-19-2006, 01:22 PM
During the purchase of some property outside of Shreveport it was brought to my attention that the land may be land locked by an old rail road that has been disbanded over 15 years ago. During the title search they could not find were the RR gave an easement on the deed.

The tracks have been removed and the old RR bed has been mainted by the 5 immediate home owners and all the driveways go over the old RR bed. How can I deam the abanded RR property part of the current property in order to claim an easement?

Buzzard3006
12-09-2007, 10:15 AM
…..you have to check on the original servitude across related properties (perhaps those that preceded your specific property survey ), or Deed to the RR by the original owner (may be entitled Rail Roads Land Commission, or etc). If it is not a part of prior Deeds for a determined period of time (servitudes will occasionally give details) it may be your Deeded possession because the prescribed time has been met for the servitude to come back to the landowner (if the right-of-way is NOT included on your present Deed, this could indicate your possession, ie these conditions of prescription have been met). Otherwise, you might need a Quit Claim from the RR, or the agent of (but see a lawyer BEFORE you try this). And we are speaking of servitudes (easements) across property…only. And not blocks of land Deeded.

I`m not a lawyer----you would need to see one. Understand that the more research info that you present to the lawyer, the less expense he/she will be able to charge you. And you really need to see a lawyer---there could be other issues with this!!!!

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