Campbell v. Cerdes

181 So. 3d 41, 2013 La.App. 1 Cir. 2062, 2015 La. App. LEXIS 1501, 2015 WL 4743828
CourtLouisiana Court of Appeal
DecidedAugust 10, 2015
DocketNo. 2013 CA 2062
StatusPublished
Cited by2 cases

This text of 181 So. 3d 41 (Campbell v. Cerdes) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Campbell v. Cerdes, 181 So. 3d 41, 2013 La.App. 1 Cir. 2062, 2015 La. App. LEXIS 1501, 2015 WL 4743828 (La. Ct. App. 2015).

Opinion

CRAIN, J.

laThe plaintiffs in this proceeding, which originated as a possessory action, appeal a judgment declaring the defendants to be owners of certain immovable property and denying the plaintiffs’ claim for damages. Maintaining the appeal, we find that the defendants failed to prove their ownership of the disputed property, reverse the trial court’s judgment, in part, and.render judgment recognizing and restoring the plaim tiffs’ possession of the property, and awarding them damages.

FACTS

The disputed property, located in Tangi-pahoa Parish, measures 50 feet wide by 275 feet long and is identified in the follbw-ing survey excerpt as “Assumed 50’ R/W Main St,” with the eastern boundary of the parcel not depicted:

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The property is bounded on the north by property owned by the plaintiffs, Elvin A. Campbell, III, and Patti R. Campbell, and to the south by two parcels, one which is owned by the defendants, Julius W. Cerdes, Jr., Melissa Po.che Cerdes, |sand Duke R. Kent (collectively “Cerdes”). The Cerdes parcel is labeled “(Dendinger)” on the above survey and is contiguous with the southern boundary* of the disputed property for approximately 144 feet. The disputed property is,, near the Ponchatoula River and can be used to access the river.

Although the record does not reflect the original ownership of the disputed property, land maps suggest that it was an extension of Wadesboro Road (also identified as “Main St.” on some maps) that was never dedicated to public use. Wadesboro Road is a paved road that approaches the disputed property from the east. When the paved roadway reaches the eastern edge of the disputed property, the road turns right (to the north) and runs along the eastern boundary of the Campbell parcel.

The Campbells acquired their property on November 26, 1996. Based on representations from their vendor, Mr. Campbell-believed that the disputed property was included in their deed. Shortly after acquiring his property, Mr. Campbell [45]*45cleaned and cleared the disputed property, which he described as “completely grown up” and littered with discarded items such as water heaters and furniture. Mr. Campbell continued to maintain the disputed property; and, in 2003, he constructed a driveway on it that was used to access his property and residence.

In January of 2011, the Cerdes purchased the Dendinger parcel on the south side of the disputed property from Theodore J. Dendinger, Jr., Kenneth Lee Den-dinger, and Barbara Dendinger Acton (collectively “Dendinger siblings”). The act of conveyance included a “quitclaim” of the Dendinger siblings’ interest in the disputed property, which, according to the deed, “they, or their ancestors in title, have used ... in excess of thirty (30) years.”

14Also in 2011, Mr. Cerdes approached Mr. Campbell to inquire about the location of the southern boundary of the. Campbell parcel. Mr. Campbell produced a map indicating that his property included the disputed property. Mr. Cerdes then hired a surveyor to locate'and mark the southern boundary of the Campbell parcel. That survey revealed that the Campbells’ boundary was along the northern boundary of the disputed property, meaning the disputed property was not included in the property conveyed to the Campbells. Shortly thereafter, Mr. Cerdes undertook measures to block the Campbells from using the disputed property. Mr. Cerdes removed a culvert that was a part of the Campbells’ driveway, rendering it unusable, and cleared the disputed property all the way to the river, building up the roadbed beyond the Campbell’s driveway. The work was undertaken to facilitate access to a boat repair business started by ■ the Cerdes on the property abutting the Ponchatoula River.

The Campbells filed a possessory action against the Cerdes, alleging that the Campbells had possessed the, disputed property since 1996 and that -the defendants had disturbed their possession. The Campbells requested that they be restored and maintained in possession of the property and be awarded . damages. The Cerdes answered and-, reconvened, claiming they were entitled to be recognized as owners of the disputed property because their ancestors in title had possessed it for thirty years without interruption.

The matter proceeded .to a bench trial. In support of their claim of ownership, the Cerdes introduced the 2011 deed containing the quitclaim of the disputed property and . the warranty conveyance of the Den-dinger parcel south of the disputed property. That deed is the only documentary evidence admitted .atjrial of -any titlq to either the disputed property or the adjacent Dendinger parcel.

|sThe Cerdes also introduced the discovery deposition of Theodore J. Dendinger, Jr., who testified that he believed.the disputed property had always been owned by the Dendinger family. His earliest.memory of the use of the disputed property dated back to 1948 or 1949, when his family began using it to access the river with trucks for the purpose of loading and transporting shells delivered by boats. The shells were used by the Dendingers to improve roads on other property owned by them.

At that time, according to Mr. Dendinger, the property was owned by Dendinger, Inc. Mr. Dendinger testified that the property was then acquired by his father in 1961 and was leased for approximately ten years to a tenant who sold the shells commercially.- The written leases admitted into evidence contain terms from 1961 to-1964 and included only that portion of the disputed property' directly north of the Dendinger parcel. Mr. Dendinger testified that he believed he and his siblings [46]*46acquired the property by donations from their parents in 1981. He offered little testimony about the use of the property after that time; however, he did acknowledge being informed that Mr. Campbell “had used a machine” to make some changes to the property and was aware that Mr. Campbell was using the property as a driveway.

The Campbells presented testimony from numerous witnesses who stated that they, as well as others, commonly used the disputed property as a boat launch from the 1940s through the 1980s. One witness estimated that he used the property for that purpose on approximately 200 occasions. A member of a family that previously owned the Campbell parcel testified that he and his family accessed their property through a driveway located on the disputed property from the 1940s through 2000.

IfiMr. Campbell also testified about his use of the disputed property after acquiring his property in 1996. Mr. Campbell believed that the disputed property was included in his deed and that it could be used for access. He cleared the tract and eventually built a driveway on it that was used to access his residence until 2011, when Mr. Cerdes blocked the driveway at its entrance to the Campbell parcel.

After taking the matter under advisement, the trial court issued written reasons finding that the Cerdes had “established] their ownership of the subject tract and Campbell [had] failed to provide adequate evidence which outweighs the evidence of [the] Cerdesf] ownership.” The trial court subsequently signed a judgment that declared the Cerdes to be the owners of the disputed property and denied any damages to the parties. The Campbells now appeal and assign as error the trial court’s finding that the Cerdes acquired the disputed property by adverse possession, the trial court’s application of the Civil Code article permitting “boundary tacking,” and the denial of their claim for damages.1

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Cite This Page — Counsel Stack

Bluebook (online)
181 So. 3d 41, 2013 La.App. 1 Cir. 2062, 2015 La. App. LEXIS 1501, 2015 WL 4743828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-cerdes-lactapp-2015.