Coleman v. Booker

hi concur in the result. The facts indicate that despite the express description of the location for the servitude in the original 1983 right-of-way grant, the appellees for years utilized an existing driveway lying totally outside that 90-foot grant. The use of that property must be viewed as only a precarious possession by appellees occurring with the permission of the Booker family. La. C.C. art. 3437; Robin v. Finley, 597 So.2d 178 (La.App. 3d Cir.1992). A servitude owned by appellees over the old driveway could not have arisen by estoppel. One can never be divested of his title to realty…