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BLANCHARD v. RAND

No. 34,442-CA.

781 So.2d 881 (2001)

Richard Joseph BLANCHARD and Patricia Stephens Blanchard, Plaintiffs-Appellees, v. Charles Lionel RAND, Jr. and Jane Halan Rand, Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

March 2, 2001.

Attorney(s) appearing for the Case

Felix J. Bruyninckx, III, Monroe, LA, Malcolm A. Meyer, New Orleans, LA, Counsel for Appellants.

Donald L. Kneipp, Monroe, LA, Sessions & Fishman by Corinne B. Viso, J. David Forsyth, New Orleans, LA, Counsel for Appellees.

Hayes, Harkey, Smith & Cascio by Joseph D. Cascio, Jr., Monroe, LA, Counsel for Intervenors, Clara Moss Sartor and Snellings, Breard, Sartor, Inabnett & Trascher, L.L.P.

Before BROWN, CARAWAY and PEATROSS, JJ.

BROWN, J.

The critical issue presented in this action for a declaratory judgment is whether language in an Exchange Deed created reciprocal predial servitudes prohibiting the resubdivision of a tract into two lots for use as separate building sites. The trial court found that it did not. This appeal followed. For the reasons set forth below, we reverse and remand.

FACTS

Prior to 1989, defendants, Charles and Jane Rand ("the Rands"), owned...

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