## Facts

- W.L. and Nina Wagner owned a condominium in a complex adjacent to Toro Hills Resort (a golf/tennis/hotel property) in Sabine Parish, Louisiana.
- While Toro Investment Corporation owned the resort, condominium owners received services through the resort—garbage collection, sewerage, water, cable television, and telephone—in exchange for a monthly fee (the Wagners paid \$75).
- When the Wagners learned Toro was interested in selling the resort, they sought to ensure the continued availability of those services at the existing monthly price.
- The Wagners worked with a Toro manager to draft and sign a written “Service Agreement” that listed the services and stated that the arrangement would be binding on any future owner of the resort.
- Stephen R. Alford owned Rael, Inc., which also owned condominium units in the complex; Rael later purchased Toro Hills Resort.
- After acquiring the resort, Rael accepted the Wagners’ monthly payments and continued providing the listed services for about one year.
- Rael then offered condominium owners new, higher-priced service packages and refused to accept the Wagners’ attempts to pay only the original \$75 fee.
- The Wagners sued Alford and Rael for declaratory relief, claiming the Service Agreement created a valid servitude of use (a real right) burdening the resort property and enforceable against Rael as the successor owner.
- Alford filed a reconventional demand alleging the Wagners breached an oral agreement under which Rael would convey an additional condominium unit to the Wagners in exchange for their assistance in Rael’s acquisition of additional units in the complex.
- The trial court ruled for the Wagners on the servitude claim and rejected the reconventional demand; Alford and Rael appealed.

## Issues

1. Did the Service Agreement create a valid servitude of use (or other real right) that runs with the resort property and is enforceable against Rael, Inc. as a subsequent purchaser?
2. Did Alford and Rael prove an enforceable oral agreement and a breach by the Wagners sufficient to support the reconventional demand?

## Decision

- The court of appeal reversed the trial court’s ruling that the Service Agreement created an enforceable servitude binding on Rael.
- The court treated the Service Agreement as a contract for continuing services for a monthly fee, not a real right burdening the resort property in favor of the condominium.
- The court affirmed the trial court’s rejection of the reconventional demand, finding the defendants did not carry their burden to prove the alleged oral agreement’s definite terms and breach.
- Disposition: affirmed in part and reversed in part.

## Legal Principles

- Servitudes are real rights affecting immovable property and are strictly construed; the party asserting a servitude must show that the legal requirements for a servitude are met.
- A claimed servitude will not be recognized where the instrument functions primarily as an agreement to provide ongoing, affirmative services (utilities/amenities) in exchange for recurring payments; that arrangement resembles a personal obligation rather than a real right running with land.
- A successor owner is not bound by a predecessor’s personal service obligations merely because the writing states it is binding on future owners; enforceability against successors generally depends on creating a valid real right or a legally effective assumption of the contract.
- A party seeking relief based on an oral contract must prove the contract’s existence, sufficiently definite terms, and breach; uncertain terms or weak proof defeats the claim.

## Conclusion

The Louisiana Third Circuit held that the Toro Hills “Service Agreement” for utilities and resort-related services at a \$75 monthly fee did not create a servitude of use enforceable against Rael, Inc. as a later purchaser of the resort, but it affirmed the denial of Alford and Rael’s reconventional demand because they failed to prove an enforceable oral agreement and breach by the Wagners.


Wagner v. Alford, 741 So.2d 884 (1999)