Appeal from the 20th Judicial District Court In and for the
Parish of West Feliciana State of Louisiana Trial Court No.
22, 691 Honorable William G. Carmichael, Judge Presiding
Charles E. Griffin, II St. Francisville, LA Attorney for
Plaintiff-Appellee, Mars Beach, LLC
B. Brumfield, Jr. Baton Rouge, LA Attorney for
Defendant-Appellant, Edward McQuirter
BEFORE: HIGGINBOTHAM, HOLDRIDGE, AND PENZATO, JJ.
property dispute, Mr. Edward McQuirter appeals the district
court's judgment finding that he was not entitled to a
predial servitude of passage on the property of Mars Beach,
LLC, and granting a permanent injunction in favor of Mars
Beach and its members prohibiting Mr. McQuirter from
threatening, harming, or harassing said individuals, and
prohibiting Mr. McQuirter from coming on the property of Mars
AND PROCEDURAL HISTORY
12, 1978, Mr. McQuirter and Ms. Aline Brown purchased a 1.08
acre tract of land from Mr. Lloyd Lindsey and several members
of his family. The tract was identified as lot number 753 of
Rosemond Campsites with its northern boundary on Sligo Road
in St. Francisville, Louisiana. Eventually, Ms. Brown
transferred her interest in the property to Mr. McQuirter.
Mr. McQuirter built a home on the lot and began living there
A 209 x
40 foot tract of land measuring .191 acre is located between
Mr. McQuirter's lot and lot 752. The .191 acre tract is
currently owned by Mars Beach and provides road frontage on
Sligo Road so that Mars Beach can access its 74.55 acres of
property located behind Mr. McQuirter's lot. On that .191
acre tract is a gravel road that Mr. McQuirter, with
permission of Mars Beach and the previous owners of the tract
of land, used to access his driveway before Mars Beach filed
Beach purchased the 74.55 acres of property from Daniel
Properties, LLP. Before Mars Beach purchased the property, a
survey was done by Wilson Land Surveying, LLC. The survey
indicated that a shed owned by Mr. McQuirter was encroaching
on the property of Mars Beach's ancestor in title, Daniel
Properties. Therefore, on October 6, 2004, Mr. McQuirter and
Daniel Properties, entered into a boundary agreement (the
boundary agreement), which extended the northern boundary
between the western and eastern boundaries of Mr.
McQuirter's property upward so that the northern boundary
of his property would include the shed. As part of the
boundary agreement, Mr. McQuirter declared:
[H]e does convey, transfer and quitclaim any and all rights,
title and interest which he may have or had to the movable
and immovable property which now lies outside the boundaries
of Lot 753, as well as the use or possession of same, as
described above...in favor of DANIEL, his heirs, successors
purchasing the property, Mars Beach's majority member,
Mr. John Naquin, met with Mr. McQuirter and told Mr.
McQuirter that he could continue to use the gravel road
located on the .191 acre tract to access his driveway for the
time being, but that eventually a fence would be erected, and
Mr. McQuirter would no longer have access to the gravel road.
Ultimately, the relationship between Mr. McQuirter and Mr.
Naquin deteriorated, because Mr. Naquin suspected that Mr.
McQuirter ran over cypress trees he planted, placed salt on a
fig tree on Mr. Naquin's property, and fired numerous
shots to intimidate Mr, Naquin when he was on his property.
Thereafter, Mars Beach filed a petition for declaratory
judgment and injunctive relief with the district court
seeking a restraining order prohibiting Mr. McQuirter from
trespassing on the property of Mars Beach, or threatening,
harming, or harassing any members of Mars Beach.
McQuirter answered the petition and filed a reconventional
demand asserting possession of a predial servitude of passage
on the .191 acre tract between his lot and lot 753,
requesting a judgment declaring that he is the owner of a
servitude and of a right of use over the .191 acre tract, and
seeking damages for Mars Beach's interference with his
use of the .191 acre tract. Mr. McQuirter also sought an
injunction ordering Mars Beach to refrain from interfering
with his possession and use of the .191 acre tract.
judgment signed on June 8, 2016, the district court granted a
preliminary injunction in favor of Mars Beach and its members
prohibiting Mr. McQuirter from threatening, harming, or
harassing said individuals and prohibiting Mr. McQuirter from
coming on the property of Mars Beach. The June 8, 2016
judgment recognized the boundaries of Mars Beach's
property as shown on the survey by Wilson ...