Waiting to object to a building that crosses a Louisiana property line can change the remedy. It does not automatically transfer ownership of the land. Louisiana Civil Code article 670 gives a court discretion to let an encroaching building remain when the builder acted in good faith and the neighboring owner waited an unreasonable time to complain, or waited until the construction was substantially complete.
The rule is narrow. It applies to a building, turns on the builder’s good faith and the neighbor’s timing, and requires compensation if the court allows the structure to stay.
What article 670 actually says
Louisiana Civil Code article 670 begins with a landowner who constructs a building in good faith across the boundary of an adjacent estate. The court may allow it to remain if the adjacent owner does not complain within a reasonable time after knowing, or having reason to know, about the encroachment. The same discretion applies when the complaint comes only after construction is substantially complete.
The word “may” matters. Article 670 does not automatically excuse every encroachment, and it does not establish a fixed number of days that always counts as reasonable. A court must evaluate the particular construction, knowledge, timing, and conduct.
The evidence usually starts with the boundary
An old fence, hedge, utility line, or contractor’s layout may not match the recorded legal description. The first practical step is usually to locate the act of sale, subdivision plat, earlier surveys, and any title documents that describe the boundary. A Louisiana licensed surveyor can then place that description on the ground and measure the structure’s position.
That work should happen while the construction timeline can still be documented. Photographs of survey stakes, excavation, the foundation, walls, roof, and completion status may show when the encroachment became visible and whether the building was substantially complete when an objection was made.
Good faith is a factual question
The builder’s information before and during construction can be decisive. Relevant records may include surveys, permit drawings, closing documents, contractor communications, staking notes, title correspondence, and messages with the neighbor. A person who reasonably relied on an inaccurate survey presents a different issue from someone who continued after receiving reliable notice that the structure crossed the line.
The neighbor’s knowledge also has two parts. Article 670 addresses both what the owner actually knew and what the owner should have known. Visible construction, written complaints, meetings with a contractor, survey markers, emails, texts, permit proceedings, and dated photographs can help establish that timeline.
If the building remains, compensation is still required
Article 670 does not say the builder acquires ownership of the encroached strip. Instead, the building owner acquires a predial servitude over the occupied land after paying for the value of the servitude and any other damage the neighbor suffered.
A predial servitude is a property right benefiting one estate and burdening another. Its value may depend on more than the number of square feet involved. The encroachment may affect setbacks, drainage, access for maintenance, future construction, financing, marketability, or resale. A surveyor, appraiser, engineer, contractor, or other qualified professional may be needed to document those consequences.
If article 670 does not apply, the available response may be different. Removal, an injunction, damages, a negotiated servitude, or a boundary agreement may be considered under other Louisiana law. The size of the overlap alone does not select the remedy.
What to do when construction is still underway
A prompt written objection is usually safer than assuming the problem can be resolved after completion. Keep the communication factual, identify the disputed area, preserve proof of delivery, and avoid damaging or removing the structure. Self-help can create a separate dispute without establishing the correct boundary.
Boundary and title disputes are generally handled by lawyers who regularly practice real-estate law. If the construction also causes a physical injury or unsafe property condition, our Baton Rouge premises liability guidance explains the evidence used to examine control, notice, and injury. Related published articles address Louisiana utility and property disputes and insurance issues affecting rented homes.
Primary Louisiana authority
If an encroaching structure, collapse, drainage condition, or construction activity caused a physical injury or significant property damage, call Babcock Injury Lawyers at (225) 500-5000 in Baton Rouge or (318) 777-5000 in North Louisiana. Representation begins only through a written agreement after a conflict check.
Editorial & Legal Accuracy Notice (Louisiana)
This article provides general information about Louisiana law. It is not legal advice and does not create an attorney-client relationship. Boundary disputes turn on surveys, title records, the construction history, notice, local ordinances, and other facts.
Sources checked: October 1, 2026.