I bought a house in 2002 and my dad filled in the servitude an additional 20 feet. Our parish president (at the time) told us it was okay that our buildings were ten feet over the property line and that we did not have to worry about taking them down. Now we have a new parish president and a new levee board...needless to say that with the "changing of gaurd" the new levee board is telling us we need to tear the buidings down in case they need to get back there. In the ten years that we have been here, they, not one single time, needed to get back there. They have NEVER been around to cut grass or anything else. Can they make us tear the buildings down? The new parish president says he does not want to get involved.
Louisiana R. S. 9:5627 is the subdivision of law perhaps most pertinent, particularly Subsection B, although you did not state what type of servitude is involved.
§5627. Building encroaching on public way
A. A building that merely encroaches on a public way without preventing its use and which cannot be removed without causing substantial damage to its owner shall be permitted to remain. If it is demolished from any cause the owner shall be bound to restore to the public the part of the way upon which the building stood.
All actions to remove such a building shall be barred by prescription two years from the date of the commencement of said building or six months from the effective date of this Section, whichever occurs later; provided that all actions to remove such a building which became barred by prescription under Act No. 684 of 1970 shall remain barred.
B. This Section shall not apply where the encroachment is on public servitudes of drainage, levees, waterways, or on rights-of-way for public highways.
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