Sustainable Forests, L.L.C. v. Harrison
Louisiana Court of Appeal
846 So.2d 1283 (2003)
- Written by Carolyn Strutton, JD
Facts
Sustainable Forests, L.L.C. (Sustainable) (plaintiff) believed that it had a servitude for a right of passage over land owned by the Harrisons (defendants). Sustainable sued the Harrisons to prevent the Harrisons from interfering with Sustainable’s and Sustainable’s lessee’s use of the right of way. Sustainable claimed that the servitude had been created by contract between Sustainable’s and the Harrisons’ predecessors. This document was created in 1963 and granted Sustainable’s predecessor an easement for the construction and maintenance of a forest road across the land that the Harrisons later came to own. The document did not mention or tie the easement to a dominant estate, however. At trial, the Harrisons filed an exception of no right of action. The trial court held that Sustainable did have a servitude for access to the forest road but that it did not include the right for Sustainable’s lessee to use the road to hunt. Sustainable appealed.
Rule of Law
Issue
Holding and Reasoning (Drew, J.)
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