Secret Cove, LLC v. Thomas
2003 WL 22515752, 862 So.2d 1010 (2003)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
A person who possesses property beyond their record title for thirty years within visible boundaries can acquire ownership of that additional land, and may 'tack' the possession of their ancestor in title to meet the thirty-year requirement, even if the disputed land is not described in their title.
Facts:
- Around 1957, Jack J. Thomas began using a strip of land in Section 35, adjacent to his own property in Section 48, for a sand and gravel business.
- Jack J. Thomas and his family treated this disputed property as their own by clearing it, maintaining a road, stockpiling sand, and using it for recreation up to natural boundaries, including a waterway known as 'Jessie Bayou' and the edge of a swamp.
- In 1967, the Thomas family began developing a commercial campground that extended from their property onto the disputed property.
- In 1985, Jack J. Thomas sold his adjacent property in Section 48 to his son, George Ronald Thomas, who continued to possess and operate the campground on the disputed property.
- On April 28, 1997, Secret Cove, L.L.C. purchased a large tract of land that, according to the deed, included the disputed property the Thomases were occupying.
- After the purchase, the Thomases refused Secret Cove's demand to vacate the disputed property, asserting their own claim to it.
Procedural Posture:
- On October 29, 1999, Secret Cove, L.L.C. filed a petitory action in a Louisiana trial court against the Thomases to establish its ownership of the disputed property.
- The Thomases filed a reconventional demand (counterclaim), asserting that they had acquired ownership of the property through thirty-year acquisitive prescription.
- At trial, the parties stipulated that Secret Cove held valid record title to the property.
- The trial court ruled in favor of the Thomases, finding they had met the requirements for thirty-year acquisitive prescription and declaring them the legal owners.
- Secret Cove, L.L.C. (appellant) appealed the trial court's judgment to the Court of Appeal of Louisiana, First Circuit.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does a party acquire ownership of adjacent property through thirty-year acquisitive prescription when they and their predecessor in title corporeally possess the land up to visible, natural boundaries with the intent to own, even if the disputed property is not included in their deed?
Opinions:
Majority - Parro, J.
Yes. A party acquires ownership of adjacent property through thirty-year acquisitive prescription by possessing it up to visible boundaries with the intent to own, and may tack their possession to that of a predecessor in title. The Thomases successfully proved all elements of thirty-year acquisitive prescription. Their possession was continuous, public, and unequivocal. The court found that the boundaries of their possession were sufficiently visible, consisting of a section line, the Pearl River Canal, a natural drainage feature known as 'Jessie Bayou,' and a distinct change in elevation separating the land from a swamp. Under Louisiana Civil Code article 794, the court held it was proper for George Thomas to 'tack' his period of possession onto his father's, which began in 1957, to meet the 30-year requirement. The court deferred to the trial court's factual findings and witness credibility determinations, affirming the judgment that the Thomases had acquired ownership, but remanded for a correction of the property description in the final judgment.
Analysis:
This decision reinforces the legal principle of acquisitive prescription beyond title to a visible boundary, a key concept in Louisiana property law. It confirms that 'visible boundaries' need not be artificial fences but can be natural, discernible features like waterways or changes in terrain. The case strongly affirms the doctrine of 'tacking' under La. C.C. art. 794, allowing a possessor to add their predecessor's possession time even when the disputed land is not in the title. Furthermore, it highlights the significant deference appellate courts give to trial court factual findings regarding the nature of possession and witness credibility, making such rulings difficult to overturn.
Unlock the full brief for Secret Cove, LLC v. Thomas