Cantrelle v. Gaude
1997 La. App. LEXIS 2002, 700 So.2d 523, 97 La.App. 5 Cir. 20 (1997)
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Rule of Law:
Ownership of an entire strip of a formerly public road, abandoned by an unrecorded ordinance, may be acquired through ten-year acquisitive prescription by a possessor with just title and in good faith, even if a statute would otherwise divide the property between adjacent landowners. However, a landlocked neighbor may be granted a predial servitude of passage over the acquired property.
Facts:
- In 1913, Isidore Fisher dedicated Upperline Street as a 40-foot public roadway adjacent to his property.
- In 1955, the Jefferson Parish Police Jury passed Ordinance #2934, which formally abandoned a portion of Upperline Street, stating it was no longer needed for public use; however, this ordinance was never recorded in the parish records.
- In 1975 and 1976, Robert Gaude and Numa Melancon acquired property on the opposite side of the abandoned Upperline Street, which fronted Bayou Barataria but had no access to a public road.
- In 1982, the Fisher heirs sold a lot via quitclaim deed to Carmela Schieffler, the Cantrelles' ancestor in title. The deed purported to transfer the lot plus 'all of that portion of land which formerly constituted Upperline Street'.
- In 1990, Schieffler sold this property to the plaintiffs, Patricia and Edward Cantrelle, Sr.
- The Cantrelles fenced in most of their property but left an unfenced strip of about 7 feet, creating an alleyway between their fence and the Gaude/Melancon property line.
- For a period of time, both the Cantrelles and the Gaudes/Melancons used and maintained the alleyway.
- In 1994, Edward Cantrelle blocked the alleyway with a chain and 'no trespassing' signs, which precipitated the legal dispute.
Procedural Posture:
- Patricia and Edward Cantrelle, Sr. sued Danny P. Gaude and Numa Marie Melancon in Jefferson Parish District Court (the trial court), seeking damages and an injunction for trespass.
- The Cantrelles amended their petition to assert ownership of the disputed property.
- The defendants filed an answer and reconventional demand, claiming the property was public and also filed a third-party demand against Jefferson Parish to invalidate the 1955 ordinance.
- The trial court issued a temporary restraining order against the defendants.
- After a trial on the merits, the trial court rendered a judgment dividing the disputed alleyway equally, giving one-half to the plaintiffs and one-half to the defendants.
- Both the Cantrelles (as appellants) and Gaude/Melancon (as appellants) appealed the trial court's judgment to the Court of Appeal of Louisiana, Fifth Circuit.
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Issue:
Does a party acquire full ownership of an abandoned public road through ten-year acquisitive prescription when they possess the land under a just title that describes the entire road, even though the abandonment ordinance was not recorded and a statute dictates the road should revert to the adjacent landowners up to the centerline?
Opinions:
Majority - Gothard, J.
Yes, a party acquires full ownership under these circumstances, but this ownership is subject to a right of passage for the enclosed estate. The 1955 ordinance effectively abandoned the road and converted it from public to private property, making it susceptible to acquisitive prescription. The failure to record the ordinance does not invalidate it but merely affects its enforceability against third parties who detrimentally rely on public records, which was not the case here. The Cantrelles and their ancestor in title satisfied the four requirements for ten-year acquisitive prescription: (1) they had just title through the 1982 deed which described the entire 40-foot strip; (2) their possession was established constructively over the entire property described in the title, including the unfenced alleyway; (3) their good faith was presumed and not successfully rebutted, as a quitclaim deed alone is not dispositive of bad faith; and (4) the property was susceptible to prescription after its abandonment. However, because the Gaude/Melancon property is enclosed with no other access to a public road, they are entitled to a predial servitude, or a right of passage, over the alleyway.
Analysis:
This decision clarifies that an unrecorded ordinance abandoning a public road is valid and successfully changes the property's character from public to private, making it subject to acquisitive prescription. The case reinforces the principle of constructive possession, where possession under just title of a part of a property extends to the whole property described in the deed. It demonstrates that the default statutory rule for dividing abandoned roads can be overcome by a subsequent good-faith purchaser who acquires the entire tract via ten-year prescription. The ruling also balances absolute ownership rights with the equitable need for access by granting a predial servitude to the landlocked neighbor, illustrating how courts resolve conflicts between competing property interests.
