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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2211
Experience:  Experience in residential real estate and commercial leases.
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Can a fence in Louisiana over 40 years old be used as a

Customer Question

can a fence in Louisiana over 40 years old be used as a property line?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  J. Warren replied 9 months ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Potentially yes, this would be known as acquisitive prescription. If land is occupied for a period of 10 years, such as inside a fence line, the strip of land occupied can be claimed by acquisitive prescription. While this may give rise to a claim of a new property line or title to the portion of property the fence has occupied, it does automatically change without a court order. In other words, if someone is claiming that have acquired a portion of property because the fence was not placed correctly, they still have to go to court to seek an order under the acquisitive prescription legal theory. Here is a link to a recent case discussing this type of action: http://caselaw.findlaw.com/la-court-of-appeal/1546634.html

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Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.

Expert:  J. Warren replied 9 months ago.

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