CLARIFYING AND IMPROVING THE LAW OF ENCLOSED ESTATES IN MODERN DAY LAND-SCARCE LOUISIANA

Abstract

The evolution of the articles governing enclosed estates have always followed in the footsteps of their French roots-embracing the underlying principles of legal servitudes-until recently. This Comment explores the area of law in Louisiana governing enclosed estates in light of the 2012 amendments to the Civil Code. Section II will explore the background of this area of law's history and nature, including case law that has helped develop the articles' application, as well as the code articles that were recently amended. Section III will discuss both the pertinent case law and how the recent amendments have resolved, created, and ignored problems associated with providing passage to enclosed estates. Finally, although a variety of issues in the law of enclosed estates persists, Section IV will specifically address the newly created "compensation provision" and will propose its deletion, as well as more practical solutions in the alternative.