servitude wrongly defined at time of dividing into condos, now 13 yrs later....

[hohafree]

What is the name of your state? Louisiana

13 years earlier, 6 row houses of 3 stories were with one owner/developer. Those row houses shared a big back yard, with access from street from the east end of the block.

at that time, the developer divided all units into condos, giving each condo a parking spot in the back yard and giving access servitude to each parking spot, supposedly.

Nobody verified what was written on the servitude, and everybody accessed their parking spot happily.

I have a diagram showing the general locations in this matter.

Now, we are the condo coop A, with parking spots (A2)and garage (A2)at the very west of the parking lot. This year, we are renovation the garage.

We just realized that in the original servitude, we weren't given enough access to our garage and parking spots, as the very neighboring condo coop (B) has a parking spot (B1) blocked us. Now, if that spot was moved 10 off, with no skin off anyone's back, all would be perfect. But, on paper, that parking spot is blocking us.

That specific parking spot (B1) is also blocking other parking spots(B2), and (B3) of other owners in the same condo coop as well.

For the past 10 years, nobody parked there, as it blocks other coop owners parking, so that spot(B1) was always moved 10ft off the spot to park B1-1, until the most recent new owner B1... who is blocking others B2, B3.... and wouldn't cooperate.

Now, question.

Servitude usually is something that has to be granted by owner.

In our case, the original division of the coops, and writing of the servitude was done in neglect of proper clearance for parking.

How can our coop earn the servitude, and how can the other coop overwrite the very single new owner, and move the problematic spot 10ft away?

Thanks

 

[HRZ]

Were it not LA , which has a totally different set of land laws , and you were using a particular passageway for a long time wo permission of owners I'd be researching prescriptive easements .....in LA...first start with a good land use lawyer ..and soon

 

[adjusterjack]

Blocked you how?
You've obviously been able to get in and out before now. Why is it suddenly an issue?
And if these are not covered parking spaces why not just ask the owner of B to park in the alternate position?

 

[HRZ]

ITs NOT clear to me as a layman, but apparently if one passes via that spot for 10 years in LA wo permission one might acquire something akin to a prescriptive easement to use that pathway ...10 years caught my eye and it may be critical ...discuss it with a pro on LA land use law soon.....if the new owner interrupts to the time clock , at least in other jurisdictions, that resets the time clock to zero.

 

[hohafree]

The blockage is : if a car was parked in parking spot B1, no vehicle could access the garage A, or Parking A, and parking B2 can't get in or out.

The owner of park B1 never parked there for the above reasons.

Now there is a new owner,,,who actually owes the coop money, thus wants to be difficult in all front...

 

[HRZ]

THe new owner is entitled to use his deeded lands no matter how inconvenient you may think it may be to you UNLESS you get off your duff and sort out with a seasoned LA land use lawyer if you have an acquisitive servitude by prescription over that pathway ... OR you barter with $$ a satisfactory written solution with new owner .

 

[hohafree]

I know that acquisitive prescription is a sure thing, but servitude could ever be acquired? I read that the law states that servitude has to be granted by owner, never acquired.

My thought was that I would have to get a judge to reconsider the original creation of the servitude? or my angle is just to try to make acquisitive servitude?

 

[not2cleverRed]

Um... are these related? https://forum.freeadvice.com/threads/city-gave-permit-but-now-wants-us-to-rebuild.649361/