359 So. 2d 1060 | La. Ct. App. | 1978
Plaintiff, Levin Fusilier, filed this suit October 14,1975, to claim a right of passage across the land of defendant, Atney Fournerat. Plaintiff alleged that his property in Acadia Parish, Louisiana constituted an enclosed estate as defined in LSA-C.C. art. 699.
The evidence supports the trial court’s factual conclusion that plaintiff’s property is not an enclosed estate, because a public road on the East designated as “E” is accessible to him and makes it unnecessary for him to use public road “A” lying across defendant’s property to the West.
Thus plaintiff’s property is not an enclosed estate and he is not entitled to a right of passage across defendant’s land.
For the foregoing reasons, the judgment of the trial court herein is affirmed at the cost of plaintiff-appellant, Levin Fusilier.
AFFIRMED.