TOSO v. BORNE

No. 11051.

388 So.2d 132 (1980)

Donald R. TOSO v. Clayton J. BORNE, III.

Court of Appeal of Louisiana, Fourth Circuit.

August 12, 1980.


Attorney(s) appearing for the Case

Michael A. Dessommes, New Orleans, for plaintiff.

Clayton J. Borne, III, Metairie, in pro. per.

Before SAMUEL, REDMANN and SARTAIN, JJ.


REDMANN, Judge.

Does the erection of a building above a "servitude of driveway" violate the servitude? We answer that it does not, if it leaves sufficient clearance for the passage of the vehicles intended by the servitude. We therefore affirm the declaratory judgment appealed from by plaintiff.

Defendant's lot fronts on Veterans highway and plaintiff's lot abuts its rear, fronting on Quincy street. Prior owners created a 15-foot servitude along one side of...

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