Lucas v. Strother

LABORDE, Judge.

This dispute arises from a predial servitude of passage claimed by defendants over the land of plaintiffs. Plaintiffs seek to enjoin defendants from using the drive that traverses their land, plus damages for defendants’ removal of certain ornamental shrubs from plaintiffs’ property. The trial judge concluded that such a servitude had been created in favor of defendants by acquisitive prescription of ten years, the duration applicable to good faith possessors of apparent servitudes, but that defendants nonetheless owed plaintiffs relatively minor damages for removal of the…