Minimum Easement Standards

[joshbonner]

What is the name of your state (only U.S. law)?

Louisiana

My home falls within Ouachita parish but only barely. I bought this house that resides on 2.5 acres back in 2010. The house and land had belonged to one of 3 siblings that each were given their 2.5 acre plots adjacent to the lot I now own. The easement that is designated for access to my house is 10’ wide, and it was stated to me that it was made so small because it was all family that lived in the area, and a 10’ road “seemed about right”.

Is there a minimum legal width of easement?


Everything was fine because the gravel had actually naturally spread to about 12’ and the road was easily driven with no real obstruction. In recent months however, the sister has erected a wooden fence directly on her property line, which is the exact edge of the 10’ easement. On the other side of the easement is her father’s property line which is lined with barbed wire and large trees. I asked her about her rigid demarcation of her property line and she advised me that “10 foot was enough road” and “that’s the easement that comes with the house”.

My concerns have grown more and more over recent weeks. We are trying to increase the value of our home by having landscaping done. However, when presented with such a tight, and rigid right of way, large trucks are saying they cannot access my house. This raised questions for my families safety. In the case of a fire, would a fire truck be able to access my home. After doing some research, i found La. Civil Code Article 690. This states the following:

Art. 690. Extent of passage

The right of passage for the benefit of an enclosed estate shall be suitable for the kind of traffic or utility that is reasonably
necessary for the use of that estate.

Acts 1977, No. 514, §1; Acts 2012, No. 739, §1.


I then looked into what the Fire code must be and found the following:


502.1 Definitions. The following words and terms shall, for the
purposes of this chapter and as used elsewhere in this code,
have the meanings shown herein.

FIRE APPARATUS ACCESS ROAD. A road that provides
fire apparatus access from a fire station to a facility, building or
portion thereof. This is a general term inclusive of all other
terms such as fire lane, public street, private street, parking lot
lane and access roadway.


503.2 Specifications. Fire apparatus access roads shall be
installed and arranged in accordance with Sections 503.2.1
through 503.2.8.
503.2.1 Dimensions. Fire apparatus access roads shall have
an unobstructed width of not less than 20 feet (6096 mm),
exclusive of shoulders, except for approved security gates in
accordance with Section 503.6, and an unobstructed vertical
clearance of not less than 13 feet 6 inches (4115 mm).
503.2.2 Authority. The fire code official shall have the
authority to require an increase in the minimum access
widths where they are inadequate for fire or rescue operations.


503.4 Obstruction of fire apparatus access roads. Fire apparatus
access roads shall not be obstructed in any manner,
including the parking of vehicles. The minimum widths and
clearances established in Section 503.2.1 shall be maintained
at all times.


So with a 7 foot tall wooden fence on one side of my easement, and a barbed wire fence on the other side, the pathway to my house is extremely tight. Not only is it hurting the value of my home, but also the safety. This fence was put up out of spite because it clearly has no privacy value due to the fact it only goes part of the way down my driveway. Its only function was to label the property line in such a way that it could not be crossed.


Please help

 

[154NH773]

Although the "legal" easement is only 10', it would appear that that it is in violation of code and reasonableness. You would probably have to go to court to settle the matter unless you can convince the other owners that it would be too costly for them to fight your claim, which you would probably win. I say "probably" because you never know what a judge may decide.

 

[FarmerJ]

Have you considered sending to them a copy of what you found to see if they will comply ??? if they will not then I suggest when you see a attorney but before you actually sue what you ask of the attorney is would you be able to sue either of them to help compensate for SOME of the damages should your home be damaged or destroyed by fire or in a case where the damage to the house increased due to them not being able to get in easily or delayed this kind of thing might be what it would take to get them to comply with the 503.2 Specifications. Fire apparatus access roads shall be
installed and arranged in accordance with Sections 503.2.1
through 503.2.8. Other wise just for the heck of it have you spoken to your Local Fire Marshal about >The fire code official shall have the
authority to require an increase in the minimum access
widths where they are inadequate for fire or rescue operations.?

 

[154NH773]

Other wise just for the heck of it have you spoken to your Local Fire Marshal about >The fire code official shall have the authority to require an increase in the minimum access widths where they are inadequate for fire or rescue operations.?

While the fire marshal may require an enlarged access, you will still have to get the neighbor to grant such an easement, or have a court grant it. By raising the issue with the FM you may put yourself in a situation since you can't comply without the neighbor's (or the court's) help. I would hold that card until you see what the neighbor is willing to do.

Have you considered sending to them a copy of what you found to see if they will comply ??? if they will not then I suggest when you see a attorney but before you actually sue what you ask of the attorney is would you be able to sue either of them to help compensate for SOME of the damages should your home be damaged or destroyed by fire or in a case where the damage to the house increased due to them not being able to get in easily or delayed this kind of thing might be what it would take to get them to comply with the 503.2

That's probably what I would do.