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Ryan v. Monett

666 So.2d 711 (1995)

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Ryan v. Monett

Louisiana Court of Appeal

666 So.2d 711 (1995)

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.)

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