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Can a fence in Louisiana over 40 years old be used as a

Customer Question
property line?...
can a fence in Louisiana over 40 years old be used as a property line?
Submitted: 2 years ago.Category: Real Estate Law
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Answered in 21 minutes by:
2/24/2016
Real Estate Lawyer: J. Warren, Lawyer replied 2 years ago
J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,250
Experience: Experience in residential real estate and commercial leases.
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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

All my best and encouragement.

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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.

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Real Estate Lawyer: J. Warren, Lawyer replied 2 years ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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