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Fixing the Right of Passage from
an Enclosed Estate
Sherb Sentell
Introduction
Sherb Sentell has been the elected Judge of the Minden Ward 1 City Court located
in Minden, Louisiana, since 2014. While attending Louisiana State University Law
School, Sherb Sentell published an article in the Louisiana Law Review which has
been frequently downloaded and cited by courts and lawyers as a guide when
dealing with a landlocked enclosed estate that does not have access to a public
road.
Appearing in Volume 54, Number 6 of the Louisiana Law Review, this article is titled
"Fixing the Right of Passage from an Enclosed Estate: Deciding where to break out
using Louisiana Civil Code Article 692.” The article serves as a how-to reference for
any attorney representing a landowner of an enclosed estate without direct access
to a public road.
Louisiana Civil Code Article 692 stipulates that owners of enclosed estates have the
right to access a public road via servitude over the neighboring property. However,
the code fails to stipulate which neighboring property should provide this access.
The law review article concludes that courts should generally invoke Article 692 by
allowing access across the shortest of all available ground transportation routes. In
other words, the neighboring property that provides the shortest route to the
nearest public road should usually be burdened with providing the access route.
Courts should only deviate from this general rule when it is not practically viable to
construct an access road that uses the shortest route. For example, when the
shortest route would require the construction of a major bridge across water but a
slightly longer route would traverse unimproved property, the court can deviate
from the normal rule. Once the determination is made as to which neighboring
property must supply the servitude, then the court can consider the least
burdensome route across the property burdened with the servitude.
Even though Sherb Sentell is the Minden Ward 1 City Judge, he is still allowed to
practice law in all other courts. Sentell maintains an active practice with his father at
the Sentell Law Firm LLC (sentelllawfirm.com). If you ever need assistance with
determining how you can gain access to a public road from your enclosed and
landlocked property, please contact Sherb Sentell at Sentell Law Firm LLC at (318)
377-0123.

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Fixing the Right of Passage from an Enclosed Estate

  • 1. Fixing the Right of Passage from an Enclosed Estate Sherb Sentell
  • 2. Introduction Sherb Sentell has been the elected Judge of the Minden Ward 1 City Court located in Minden, Louisiana, since 2014. While attending Louisiana State University Law School, Sherb Sentell published an article in the Louisiana Law Review which has been frequently downloaded and cited by courts and lawyers as a guide when dealing with a landlocked enclosed estate that does not have access to a public road.
  • 3. Appearing in Volume 54, Number 6 of the Louisiana Law Review, this article is titled "Fixing the Right of Passage from an Enclosed Estate: Deciding where to break out using Louisiana Civil Code Article 692.” The article serves as a how-to reference for any attorney representing a landowner of an enclosed estate without direct access to a public road.
  • 4. Louisiana Civil Code Article 692 stipulates that owners of enclosed estates have the right to access a public road via servitude over the neighboring property. However, the code fails to stipulate which neighboring property should provide this access.
  • 5. The law review article concludes that courts should generally invoke Article 692 by allowing access across the shortest of all available ground transportation routes. In other words, the neighboring property that provides the shortest route to the nearest public road should usually be burdened with providing the access route. Courts should only deviate from this general rule when it is not practically viable to construct an access road that uses the shortest route. For example, when the shortest route would require the construction of a major bridge across water but a slightly longer route would traverse unimproved property, the court can deviate from the normal rule. Once the determination is made as to which neighboring property must supply the servitude, then the court can consider the least burdensome route across the property burdened with the servitude.
  • 6. Even though Sherb Sentell is the Minden Ward 1 City Judge, he is still allowed to practice law in all other courts. Sentell maintains an active practice with his father at the Sentell Law Firm LLC (sentelllawfirm.com). If you ever need assistance with determining how you can gain access to a public road from your enclosed and landlocked property, please contact Sherb Sentell at Sentell Law Firm LLC at (318) 377-0123.