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Dallas v. Farrington

490 So.2d 265 (1986)

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Dallas v. Farrington

Louisiana Supreme Court

490 So.2d 265 (1986)

Facts

Robert Farrington Jr. (defendant) sold an enclosed parcel of land to the Dallases (plaintiffs). The agreement of sale granted a servitude to the Dallases to use a road on Farrington’s property to access the closest public road, but this part of the agreement was not included in the final sale contract and was not recorded. The Dallases nevertheless used that road to access their property from the public road. Farrington later sold the land that contained the access road to his son, Robert Farrington III (defendant). When Robert III took control of this property, he constructed a fence that blocked the access route and told the Dallases to stop using it to access their property. In the meantime, the Dallases obtained additional property that connected their property to a public highway at another location. The Dallases sued both Robert Jr. and Robert III, seeking a declaratory judgment recognizing a servitude of passage over the original access road based on Robert Jr.’s promise in the sale agreement. After a series of legal proceedings, the court of appeal denied the Dallases’ claim, for reasoning including that the servitude had not been properly recorded. The Louisiana Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Lemmon, J.)

Dissent (Marcus, J.)

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