## Facts

- Camille Bransford owned a tract of timberland in Louisiana adjacent to a tract owned by International Paper Timberlands Operating Company, Ltd. (International Paper).
- Under natural conditions, surface water drained from Bransford’s land onto International Paper’s land (Bransford’s tract was higher; International Paper’s tract was lower).
- Beavers became active on both properties and built dams in the natural drainage area, causing water to back up and flood timberland.
- Bransford destroyed beaver dams that were located on her own property.
- Bransford later discovered a beaver dam on International Paper’s property that, according to her, blocked the drainage of water from her land and caused flooding.
- Bransford sued International Paper for damages, alleging that International Paper’s failure to remove the beaver dam(s) caused flooding on her property and resulted in loss of timber.
- International Paper moved for summary judgment, conceding (for purposes of the motion) that beaver dams on its land obstructed natural drainage from Bransford’s land and contributed to flooding, but arguing it had no legal obligation to remove a naturally occurring obstruction created by wildlife.
- The trial court granted summary judgment for International Paper, concluding International Paper had no affirmative duty to remove naturally occurring blockages to drainage.
- Bransford appealed.

## Issues

1. Whether Louisiana law imposes an affirmative duty on a lower-estate landowner to remove naturally occurring obstructions (beaver dams built by wildlife) on its land that impede natural surface-water drainage from a higher estate.
2. Whether summary judgment was proper when causation was assumed for purposes of the motion, but the existence of a legal duty was disputed.

## Decision

- The Louisiana Court of Appeal affirmed the trial court’s grant of summary judgment for International Paper.
- The court held that the owner of the lower (servient) estate had no affirmative legal duty to remove a beaver dam that formed naturally through wildlife activity, even if it obstructed natural drainage from the higher estate.
- Because Bransford could not show that International Paper owed her a duty to remove the naturally created dam, her claim failed as a matter of law, making summary judgment appropriate.

## Legal Principles

- Louisiana recognizes a natural servitude of drainage: the lower estate must receive surface waters that naturally flow from the higher estate.
- The servitude generally prevents the lower-estate owner from taking actions or building works that obstruct natural drainage or make the condition worse for the higher estate.
- Absent a statute, contract, or affirmative conduct creating or worsening the obstruction, a landowner is not required to take affirmative steps to remove naturally occurring obstacles (including wildlife-built beaver dams) from its property to protect an adjoining landowner.
- In a negligence-based claim, the absence of a legally recognized duty defeats liability regardless of assumed causation; duty is a legal question suitable for resolution on summary judgment.

## Conclusion

The court affirmed summary judgment for International Paper, holding that while the lower estate must accept the natural flow of surface water, Louisiana law does not impose an affirmative obligation on the lower landowner to remove beaver dams formed naturally by wildlife, so Bransford could not recover for flooding-related timber losses based solely on International Paper’s failure to clear the obstruction.


Bransford v. International Paper Timberlands Operating Company, Ltd., 750 So. 2d 424 (2000)