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Stuckey v. Collins

464 So.2d 346 (1985)

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Stuckey v. Collins

Louisiana Court of Appeal

464 So.2d 346 (1985)

Facts

Henry Willis divided land that he owned into lots. He sold a landlocked lot to Robert Stuckey (plaintiff). Because Stuckey’s parcel was enclosed, Willis granted Stuckey a servitude of passage over land Willis still owned to access a public road. Willis constructed the access road between Stuckey’s lot and the public road, and Stuckey used it to access his land. No other points of access were realistically possible from Stuckey’s land across Willis’s land to the public road because the rest of Willis’s land was swampy. This access driveway, however, crossed a narrow strip of land directly abutting the highway that belonged not to Willis but to Richard Collins (defendant), before crossing onto Willis’s land and eventually to Stuckey’s land. Collins was aware of this and initially did not protest this use of his land. Collins later installed a barrier with a lock at this access point but gave Stuckey a key and allowed Stuckey to keep accessing his land over this route. Stuckey became frustrated with the barrier and removed it, but Collins replaced it. Stuckey filed suit, seeking a servitude of passage over Collins’s land at this access point. The trial court granted the right of passage to Stuckey. Collins appealed.

Rule of Law

Issue

Holding and Reasoning (Hall, J.)

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