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Hymel v. St. John the Baptist Parish School Board

303 So.2d 588 (1974)

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Hymel v. St. John the Baptist Parish School Board

Louisiana Court of Appeal
303 So.2d 588 (1974)

CS

Facts

Willie Hymel owned land and divided it into two parcels. He sold one parcel to the St. John the Baptist Parish School Board (the school board) (defendant) and kept the other for himself. In the sale of the land to the school board, Hymel included a servitude over the school board’s land in favor of his land. The servitude created a 25-foot right of way from Hymel’s land over the school board’s land. The school board eventually built a school on its land, and Hymel’s land passed to his heir, Lynn Hymel (plaintiff). The school board gradually encroached on the servitude right of way and interfered with its use by the Hymel estate. It built an overhang on a building that encroached into the right of way by 1.7 feet and up to 2.9 feet for a length of 70 feet, built a fence across the entrance to the right of way, parked cars on the right of way, and installed drainage systems over it. Lynn Hymel sued the school board to prevent it from interfering with the right of way. The trial court ordered the school board to remove all interfering obstacles except the overhang, holding that the overhang was not a significant enough interference to warrant removal. The trial court ordered each party to pay its own costs, and Hymel appealed.

Rule of Law

Issue

Holding and Reasoning (Schott, J.)

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