July 2008


How to Handle Easement Dispute with Next Door Neighbor

The parish of Iberia were I live was going to build a road that would have gone between our lots and the easement was 60 foot but they decide to do away with that easement and went with the 30 foot drainage easement on my side of the boundry line. I want my nieghbor to remove a septic drain line that runs onto my side into the ditch. Do I have the right to make her remove it.

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“I bought a an acre and a half with a 30 foot easement with a ditch on my side of the property line that goes from the road to a canal. The parish of Iberia were I live was going to build a road that would have gone between our lots and the easement was 60 foot but they decide to do away with that easement and went with the 30 foot drainage easement on my side of the boundry line. I want my nieghbor to remove a septic drain line that runs onto my side into the ditch. Do I have the right to make her remove it. She has no easements on her side.”

First off, I noticed you said “parish” and not “county,” which means you’re living in Louisiana. And as you undoubtedly know, Louisiana is the only state which gets its laws from civil law (used by most of Europe) rather than common law (used by England). So while every state’s laws are different, Louisiana’s are more different than most, and therefore knowledge of other states’ laws is nearly useless there.

In other words, you’re going to have to find yourself a local attorney if you want a useful answer.

With that warning, I would say that there are two things you might want to look into. First, if you’re talking about a septic line, it’s possible that the “material” coming out of the line is either a trespass or a nuisance, or both. Second, you want to consider how long the septic line has been there emptying into the ditch–if it’s long enough (and I don’t know how long is “long enough” in Louisiana), your neighbor might have obtained a prescriptive easement, and therefore be entitled to continue.

If I get Married will my Father have to Stop Paying my Mother Child Support for me?

Summary

I am 17 years old, my mother has full custody of me and my little brother. I am gettin married but my father is paying child support. If I get married would he stop passing child support for me or what happens…? What is the law about this…?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“I am 17 years old, my mother has full custody of me and my little brother. I am gettin married but my father is paying child support. If I get married would he stop passing child support for me or what happens…? What is the law about this…?”

It depends on what state you live in; in some states the act of getting married will essentially emancipate you, which may or may not be grounds for discontinuing child support. You should check with an attorney in the state in which you live and, if different, in the state which issued the child support order.

Request a confidential divorce or family law case evaluation with an attorney in your area right now! Don’t delay! Time wasted can have a serious impact on the outcome of a family law case!