Middleton v. Tedford

161 So. 3d 998, 49 La.App. 2 Cir. 572, 2015 La. App. LEXIS 48, 2015 WL 160669
CourtLouisiana Court of Appeal
DecidedJanuary 14, 2015
DocketNo. 49,572-CA
StatusPublished

This text of 161 So. 3d 998 (Middleton v. Tedford) 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
Middleton v. Tedford, 161 So. 3d 998, 49 La.App. 2 Cir. 572, 2015 La. App. LEXIS 48, 2015 WL 160669 (La. Ct. App. 2015).

Opinions

LOLLEY, J.

|, Charlene Tedford appeals a judgment in favor of Marcia Lynn Middleton by the Fourth Judicial District Court, Ouachita Parish, Louisiana. The trial court’s judgment was also against Charlene Tedford’s codefendant, Bobby Kent Tedford, but he is not an appellant. For the following reasons, we affirm the trial court’s judgment.

Facts

Marcia Middleton and Bobby Kent Ted-ford were married in 1993. Charlene Ted-ford is Bobby’s 84-year-old mother and the owner of seven acres of immovable property in Ouachita Parish, Louisiana (the “property”). At the onset of their marriage, Marcia and Bobby lived in a mobile home on the property. In 1998, Marcia and Bobby, using community funds, commenced construction of a home on Charlene’s property (the “house”) with her permission. They moved into the house in late 1998 to early 2000. There is no dispute that Charlene owns the land on which the matrimonial domicile is located.

[999]*999The couple’s marriage ended in divorce by judgment dated November 30, 2012. During the course of the community property settlement, Bobby claimed in his hearing officer conference affidavit, dated August 11, 2011, to own the house (“Structure only”). However, he claimed the house had “$-0-” value.

In a letter dated February 15, 2018, Charlene informed Marcia and Bobby that she was withdrawing permission for them to have the house on her property. In that letter Charlene informed Marcia and Bobby that:

I gave you two my permission to construct your family home and other improvements on my land.... I did not want there to |2be any possibility that someone other than the Tedford family would own the land. Now that the two of you are divorced and in the process of dividing up your community property, I am withdrawing my permission for your house and other improvements to be on my land.
This letter serves as formal, written demand for removal of your house and all of your other improvements situated on my land. Within ninety (90) days of the February 15, 2013 date of the mailing of this letter you must remove your house and all other improvements and restore my property to its former, pre-construction condition. By my count, this 90-day period of time expires on Thursday, May 16, 2013.

By a letter dated June 14, 2013, Charlene informed Marcia and Bobby of the following:

More than ninety (90) days have elapsed since the February 15, 2013 letter was mailed. As of June 14, 2013, you have not removed your house and all other improvements from my land, and you have not restored my property to its former, pre-construction condition. This letter serves as formal, written notice to the both of you that I am appropriating, and have now appropriated, full and complete ownership of your house and other improvements situated on my land.

The house was not removed from the property; Bobby claims it cannot be removed due to the ongoing community property settlement between he and Marcia. Charlene claims to be the owner of the house, reasoning, “If it’s on my property, I own it.” Notably, Bobby continues to live in the house with his and Marcia’s minor son and their adult daughter.

Presumably, the matter that precipitated this lawsuit is the judicial partition of the community property belonging to Marcia and Bobby. At the time this matter was tried, the issue of the couple’s community property was being considered in the proceeding Bobby Kent Tedford v. Marcia Lynn Middleton Tedford, Proceedings no. 11-2164, Fourth Judicial District, Ouachita Parish, Louisiana. As previously stated herein, in Bobby’s August |¾2011 hearing officer conference affidavit, he admitted to owning the house (“Structure only”), but averred that it had no value.

In April 2013, Marcia filed this lawsuit outside the community property proceeding against Charlene and Bobby, alleging Marcia understood that she and Bobby had permission to build and one day the property would belong to Bobby. Marcia sought reimbursement from Charlene and Bobby for the current value of the materials as well as the enhanced value of the property. Charlene answered the petition, as well as filed a reconventional demand for a judgment declaring her owner of the house. Charlene also filed a cross-claim against Bobby requesting the same relief.

After a trial of the matter, judgment was entered in favor of Marcia, and the trial court ordered that:

[1000]*1000Marcia Middleton’s one-half (½) interest in the improvements situated at 929 Harrell Road in West Monroe be MAINTAINED for purposes of the ongoing community property partition in Bobby Tedford, vs. Marcia Lynn MidL dleton Tedford, no. 11-2164, and that the value of same be determined within those proceedings. (Emphasis original).

By recognizing Marcia’s one-half interest in the house and implicitly the ownership interest of she and Bobby, the trial court effectively rejected Charlene’s claim for ownership of the house. Charlene appeals that judgment, but Bobby does not.

Discussion

On appeal, Charlene raises four assignments of error, only one of which directly addresses the judgment of the trial court. Primarily, |4Charlene argues that the trial court erred in failing to properly apply La. C.C. art. 493. That article is premised upon the existence of a building constructed on the land of another and provides for the termination of the two owners’ relationship as follows:

When the owner of buildings, other constructions permanently attached to the ground, or plantings no longer has the right to keep them on the land of another, he may remove them subject to his obligation to restore the property to its former condition. If he does not remove them within ninety days after written demand, the owner of the land may, after the ninetieth day from the date of mailing the written demand, appropriate ownership of the improvements by providing an additional written notice by certified mail, and upon receipt of the certified mail by the owner of the improvements, the owner of the land obtains ownership of the improvements and owes nothing to the owner of the improvements. Until such time as the owner of the land appropriates the improvements, the improvements shall remain the property of he who made them and he shall be solely responsible for any harm caused by the improvements.

According to Charlene, had the trial court properly followed La. C.C. art. 493 regarding this accession principle, it would have recognized that Charlene was indeed the owner of the house. Charlene specifically argues that she followed the procedure under Article 493 for acquiring ownership of the house, and the trial court simply erred in failing to apply the law. Charlene admits that Marcia and Bobby had permission to build their house on her property. However, according to Charlene, because Marcia and Bobby had divorced, she informed them that she had withdrawn her permission for the house to remain on her property. Charlene contends that when the house was not removed, ownership of it became hers pursuant to La. C.C. art. 493. We agree that a determination of ownership of the house is critical in order to determine whether Marcia has any interest in it.

| ¡¡Initially, we note that “buildings and standing timber are separate immovables when they belong to a person other than the owner of the ground.” La. C.C. art. 464.

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Cite This Page — Counsel Stack

Bluebook (online)
161 So. 3d 998, 49 La.App. 2 Cir. 572, 2015 La. App. LEXIS 48, 2015 WL 160669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/middleton-v-tedford-lactapp-2015.