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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37804
Experience:  16 years real estate, Realtor. Landlord 26 years
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I have been using a strip of land approximately 13' x200' adjoining

Customer Question

I have been using a strip of land approximately 13' x200' adjoining my property for the past 15 plus years assuming it was mine. This property adjoining mine has changed hands 3 times. The current owner has had for approx, 5 years. My stairwell for my residence is on his property by approx. 4'. I have cut the grass and filled it with dirt to eliminate stagnate water for the past 15 plus years. And yes, my stairwell is well exposed to any & everyone. Nobody has ever approached me about moving my stairwell until now. Do I have to move it ?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..There is a doctrine called "acquisitive prescription" in LA that could apply here which allows an owner to legally claim property that has been used and possessed by an owner for 10 years. So it may be possible to claim the land that appears to be part of the parcel since you have used it as part of that parcel for 10 years prior. LA C.C. Art. 3473,.You would have to file a "quiet title" lawsuit and bear the burden of proof that you have had possession for ten years in good faith with just title. You would need a local real estate attorney to assist with filing this suit..In Louisiana, the duration of such possession is ten (10) years where title has been acquired in good faith and thirty (30) years in other cases. Louisiana CC §3473, 3486..So no, you don't have to move it and if the neighbor tried to file a quiet title action of their own, they would lose..thanksBarrister