Ryan v. Monett
Louisiana Court of Appeal
666 So.2d 711 (1995)

- Written by Carolyn Strutton, JD
Facts
Elizabeth Ryan (plaintiff) and Alexandra Monett (defendant) owned houses on adjoining lots in New Orleans. Both houses were more than a century old, and the foundation of Monett’s house had been built on the property line between the two estates. In 1958, Ryan’s predecessor in title wrote a document that purported to give a servitude to the owner of Monett’s property allowing for the overhang of the cornice and roof of that property over the mutual property line. Monett eventually converted her property into rental units and installed air-conditioning units in four windows of her property on the side facing Ryan’s property. These window units extended over the property line above Ryan’s land. Ryan sued Monett seeking an injunction to compel Monett to remove the encroaching air conditioners. The trial court denied Ryan’s request for an injunction and held that Monett’s property had acquired a servitude allowing the installation of the air conditioners. Ryan appealed.
Rule of Law
Issue
Holding and Reasoning (Plotkin, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,400 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.