Louisiana Statewide Rule
Louisiana Civil Code Common Fence Rules Between Neighbors
Key Facts
- Civil Code articles
- C.C. 685-688, 673-678
- Cost sharing
- Equal between owners
- Right to enclose
- C.C. 685
- Boundary action
- Action de bornage
Summary
Louisiana Civil Code Articles 685 through 688 establish statewide rules for boundary fences, party walls, and shared fence costs between adjacent landowners. These civil code provisions apply universally across all parishes, governing the right to demand a common enclosure and cost-sharing obligations.
Art. 685. Common fences. A fence on a boundary is presumed to be common unless there is proof to the contrary. When adjoining lands are enclosed, a landowner may compel his neighbors to contribute to the expense of making and repairing common fences by which the respective lands are separated. When adjoining lands are not enclosed, a landowner may compel his neighbors to contribute to the expense of making and repairing common fences only as prescribed by local ordinances. Acts 1977, No. 514, §1.
Full Breakdown
Louisiana Civil Code Article 685 provides that the boundary is the line of separation between contiguous lands; Article 686 allows a landowner to compel a neighbor to fix the boundary at common expense. Civil Code Articles 673-678 (party walls and common enclosures) require equal cost-sharing when a fence serves both properties. Civil Code Article 685 also gives owners the right to enclose their estate. Unlike many states, Louisiana follows a civil law (not common law) tradition; these rules are statewide and cannot be overridden by local ordinance, though parishes and municipalities may add height, material, and setback rules. Boundary disputes are resolved through judicial action de bornage (action to fix the boundary).
Violations & Penalties
Violations are civil rather than criminal. Remedies include lawsuits to compel cost contribution, partition of party walls, or judicial boundary determination, plus damages for trespass or encroachment.
Frequently Asked Questions
Can a Louisiana neighbor force me to share fence costs?
How do Louisiana neighbors resolve a boundary fence dispute?
Do Louisiana parishes follow common law fence rules?
Sources
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