Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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.
Question: In other words, you’re going to have to find yourself a local attorney if you want a useful answer.
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.
