Pitre v. Tenneco Oil Co.

385 So. 2d 840, 1980 La. App. LEXIS 3940
CourtLouisiana Court of Appeal
DecidedMay 5, 1980
Docket13216
StatusPublished
Cited by19 cases

This text of 385 So. 2d 840 (Pitre v. Tenneco Oil Co.) 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
Pitre v. Tenneco Oil Co., 385 So. 2d 840, 1980 La. App. LEXIS 3940 (La. Ct. App. 1980).

Opinion

385 So.2d 840 (1980)

Loulan PITRE
v.
TENNECO OIL COMPANY.

No. 13216.

Court of Appeal of Louisiana, First Circuit.

May 5, 1980.
Rehearing Denied July 7, 1980.

*842 Roger M. Evans, New Orleans, for plaintiff-appellant Loulan Pitre.

Stanwood R. Duval, Jr., Houma, for defendant-appellee Tenneco Oil Co.

Before COVINGTON, LOTTINGER and COLE, JJ.

LOTTINGER, Judge.

This is a possessory action involving an unfenced chunk of marsh land in the southern part of Lafourche Parish. The plaintiffs, Loulan Pitre and his siblings, appeal from an adverse trial court judgment rejecting their demand to be maintained in possession.

Loulan Pitre brought this action on November 19, 1975, claiming that the defendant, Tenneco Oil Company, had disturbed his possession of the rear three arpents of a 40 arpent tract[1] he claims to possess as owner. (An arpent is an old French unit of measurement equaling about 192 feet.) Pitre averred that Tenneco, in March 1975, ran a survey and erected "No Trespassing" signs near the 37 arpent line of his property, thereby disturbing his possession of the rear three arpents. On the trial court's sustaining of Tenneco's exception of nonjoinder of indispensable parties, Pitre amended his petition to bring in his brothers and sisters as plaintiffs or nominal defendants, since all of them own undivided interests in the property Pitre claims to possess. Both parties assert ownership of the disputed land, though the only issue is whether the Pitres are entitled to possess the property. Tenneco did not reconvene to be put in possession, but simply denied the plaintiffs' possession.

In 1904, David Pitre, Jr.—father of the plaintiffs in this case—bought from Manuel Daigre a slender tract of land in Cut Off, Louisiana, described as:

"A certain tract of land on the right bank of the bayou Lafourche, state of Louisiana, at about forty-three (43) miles below the town of Thibodaux, measuring, one-half (½) arpent front on said bayou by a depth of forty arpents, bounded above (formerly) by lands of Mrs. Jean M. Lonibas, nee Celina Pierce and below (formerly) by lands of Washington Cantrelle, together with all the buildings and improvements thereon, rights, ways, privileges and advantages to said tract of land belonging."

The deed was dated February 29, 1904, and filed in the Lafourche Parish conveyance records on March 5, 1904. The dispute arises because the 40 arpent tract of land described in the Pitres' deed traverses two *843 different sections in township 18 south, range 21 east, Lafourche Parish. The front thirty-seven arpents fall within section 4. The rear three arpents in dispute fall within section 53, which partially abuts section 4 on the west.

Tenneco does not question the Pitres' possession of the front thirty-seven arpents. The company claims, however, that the Pitres' title, when traced into the past, is limited to the property in section 4 and does not cover any property in section 53, which Tenneco acquired from its ancestor in title. Tenneco's title claims are borne out by the extensive and voluminous documentary evidence filed in the record. This evidence shows that Tenneco's immediate ancestor in title, LaTerre Company, Inc., acquired title to all of section 53, including the three arpents in dispute, in February 1927.

The documentary evidence also shows why the forty arpents listed in the Pitre deed do not fall entirely within section 4. The northern and southern boundary lines of section 4 run in a southwesterly direction from the west bank of Bayou Lafourche to the eastern boundary of section 53. The section lines are about forty arpents in depth. Historically, however, property owners within section 4 have possessed along lines running in a more westerly direction, thereby shortening the length of their tracts within the section by some three arpents. Had the possession lines within section 4 been parallel to the section boundary lines, the Pitres would have had about forty arpents within section 4 and this dispute probably would never have arisen. But for about 76 years, the Pitres and their father have possessed the property at an angle different from the angle of the section boundary, believing themselves to be owners of a tract forty arpents in depth. They have possessed the property in good faith as owners under a deed which makes no mention of the forty arpents being limited to a particular section of land. They seek to maintain their possession by bringing this appeal.

THE PITRES' ACTS OF POSSESSION

After buying the property in 1904, David Pitre, Jr. apparently erected a house on the front portion of the land along the high bayou ridge. Loulan Pitre was born in this house some 57 years ago and he lives in it today. Pitre testified that in years past he and his father hunted rabbits and crawfished on the marshy land beyond the bayou ridge, though neither activity proved too fruitful. Pitre's son, Dr. Holland Pitre, said he trapped on the property when he was a child and occasionally swam across a drainage canal and walked on the three arpents in dispute.

In the late 1940's the Pitres' father granted a right-of-way to the Lafourche Parish Police Jury for the digging of a drainage ditch at the rear of their property. The document purporting to grant the right-of-way said the ditch would be dug "through and across" the Pitre property. The drainage ditch was dug in the early 1950's and was located about thirty-seven arpents from the front of the Pitres' property. Loulan Pitre testified that he and his father always believed the canal had actually been dug through their property, even though the right-of-way document also said the canal would be cut at or near the forty arpent line. It is about 12 feet in front of or east of this ditch that Tenneco erected the "No Trespassing" signs which prompted this suit. Tenneco asserts that the canal was dug under a right-of-way granted by its ancestor in title, and this assertion is borne out by the evidence. The Pitres, however, were never told that the drainage ditch had been dug under any other right-of-way but theirs, and they always believed that they owned a certain amount of property to the rear of the drainage canal.

The drainage ditch and other drainage improvements made the front 37 arpents fairly dry, but left the disputed three arpents wet and marshy. The Pitres conducted few if any activities on the disputed land after the canal was dug, although Dr. Holland Pitre, as noted previously, testified he occasionally trapped and swam on the disputed area as a child.

*844 Although there were never any boundary markers or fences erected by the Pitres, Pitre said he and his neighbors had a good idea of where their boundaries were located. Pitre's belief that he owned property beyond the drainage ditch was buttressed by the fact that he and two of his neighbors noticed "No Trespassing" signs to the rear of the canal many years ago. Only in more recent years did the signs begin appearing in front of the canal. Pitre said he noticed the signs on his neighbors' property before any was placed on his land, but he did not feel it was his business to meddle in his neighbors' affairs. Although Pitre saw the signs on his neighbors' property in prior years, the first "No Trespassing" sign he says he saw on his tract was in 1973. "We chopped them down," he said. "They were excellent tomato stakes, the 2 X 2's were and I throw the rest in the canal or in the brush on my land." Pitre remembered chopping down about 3 or 4 signs before filing this suit in 1975.

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Bluebook (online)
385 So. 2d 840, 1980 La. App. LEXIS 3940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pitre-v-tenneco-oil-co-lactapp-1980.