## Facts

- A 40-foot strip known as Upperline Street was dedicated to public use as a road in 1913 but was never constructed or used as a functioning street.
- In 1955, Jefferson Parish adopted an ordinance revoking the public dedication as abandoned, triggering statutory reversion of the roadbed to contiguous landowners to the centerline.
- In 1982, heirs of the original dedicating owner executed a quitclaim deed purporting to convey a parcel that included the entire former roadbed to Carmela Schieffler, despite their record ownership being limited to one-half after abandonment.
- In 1990, Schieffler sold the property to Patricia and Edward Cantrelle using the same description purporting to include all of the former roadbed.
- Schieffler and then the Cantrelles fenced and possessed the area as owners, leaving unfenced a seven-foot portion used as an “alleyway” along the boundary with neighbors Danny Gaude and Numa Marie Melancon.
- The Cantrelles sued for trespass, obstruction of access, and injunctive relief regarding the alleyway; defendants asserted the area remained public and sought damages for wrongful injunctive relief, and also challenged the parish abandonment ordinance.
- The trial court held each side owned one-half of the disputed strip and issued a permanent injunction barring harassment among the parties; the Cantrelles appealed the ownership ruling.

## Issues

1. Whether plaintiffs acquired ownership of the disputed strip (including the alleyway) by ten-year acquisitive prescription based on title and possession, even though their predecessors’ deed purported to convey more land than the grantors owned.
2. Whether a quitclaim deed that is valid on its face can constitute “just title” for ten-year acquisitive prescription, and whether plaintiffs possessed in good faith.
3. Whether abandonment of the dedicated street caused the roadbed to revert to contiguous owners under Louisiana law and, if so, what effect that had on later private conveyances.
4. If plaintiffs were recognized as owners, whether defendants were entitled to a predial servitude of passage to prevent their estate from being enclosed.

## Decision

- The appellate court reversed the equal-division judgment as to ownership of the disputed strip.
- The court held plaintiffs acquired ownership of the disputed area by ten-year acquisitive prescription through just title, presumed good faith, and qualifying possession, including tacking of possession from their ancestor in title.
- The court recognized a predial servitude of passage in favor of defendants to avoid enclosure of their property.
- The court left in place the permanent injunction prohibiting harassment among the parties.

## Legal Principles

- Upon lawful abandonment of a dedicated street, ownership of the roadbed reverts by operation of law to contiguous landowners, each taking to the centerline.
- For ten-year acquisitive prescription, “just title” may be satisfied by a deed valid on its face that purports to transfer ownership of the disputed property, even if the transferor lacked actual ownership of all land described.
- A quitclaim deed does not, by itself, negate just title or rebut the presumption of good faith; good faith is assessed objectively and is presumed unless disproved.
- Ten-year acquisitive prescription requires continuous, uninterrupted, peaceable, public, and unequivocal possession as owner for the prescriptive period, including through tacking when permitted.
- When recognition of ownership would leave a neighboring estate enclosed, a predial servitude of passage may be recognized to provide necessary access, subject to appropriate limitations.

## Conclusion

The court held that plaintiffs’ facially valid chain of title and tacked possession established ten-year acquisitive prescription of the disputed former roadway strip, while protecting defendants’ access by recognizing a servitude of passage and maintaining the injunction against harassment.


Cantrelle v. Gaude, 700 So. 2d 523 (La. Ct. App. 5th Cir. 1997)