Allen v. Cotten

THIBODEAUX, Chief Judge.

| ,Plaintiff, Nan Allen, owns twenty acres in Caldwell Parish. She filed suit, seeking a right of passage across the Defendants’ property (the “Cotten property”) located to the south, in LaSalle Parish. The trial court held that, prior to her ownership, Ms. Allen’s property became enclosed through a “voluntary alienation or partition,” as defined by La.Civ.Code art. 694. Accordingly, she was entitled to request gratuitous passage across the property on which passage was previously exercised. The trial court found that the Cotten property did not contain the previous…