FROM THE THIRTIETH JUDICIAL DISTRICT COURT PARISH OF VERNON,
NO. 93, 629 HONORABLE SCOTT WESTERCHIL, DISTRICT JUDGE
Michael A. Smith, Jr. Dowden & Smith, LLC COUNSEL FOR
DEFENDANTS/APPELLEES: Timothy V. Croulet Tamra A. Croulet.
Ibert IN PROPER PERSON.
composed of John D. Saunders, Marc T. Amy, and Elizabeth A.
T. AMY JUDGE.
plaintiff sought a declaratory judgment to protect her
alleged rights to a purported servitude in a residential
subdivision, arguing in her petition that the defendants had
obstructed her use thereof. The trial court ultimately ruled
in favor of the defendants due to lack of evidence, and the
plaintiff now appeals. For the following reasons, we affirm.
and Procedural Background
October 17, 2016, Ellen Ibert filed a "Petition for
Declaratory Judgment and Mandatory Injunction," in which
she stated that she is the owner of a vacant residential lot
known as Lot 18 of Paradise Cove Subdivision in Vernon Parish
and that the named defendants, Timothy and Tamra Croulet, are
the owners of Lot 17 in Paradise Cove Subdivision. In her
petition, Ms. Ibert requested an order "to preserve and
implement exercising full rights for preservation of said
servitude legally recorded and referred to as North Street in
Paradise Cove Subdivision, under Instrument No.
503997[.]" Ms. Ibert then asserted:
FURTHER BE IT KNOWN, Plaintiff, ELLEN IBERT, has continuous
use and rights as dominant estate,  full rights of enjoyment and
use of herein said servitude as intended and designated under
conveyance record have been obstructed, and Plaintiff is
thereby requesting [a] court order granting full and
unobstructed rights to Plaintiff pursuant to, and respectful
of, Civil Codes.
FURTHER, LET IT BE KNOWN, Defendants, TIMOTHY V. CROULET and
TAMRA A. CROULET, refuse to recognize the dominant
estate's real rights of action over serviant [sic]
estate[']s property for access or further improvements
with maintenance of the designated road and utility easement
servitude known as North Street crossing over the
serviant [sic] estate referred to as Lot 17 of Paradise Cove
Subdivision, and reference hereto Exhibit A.
FURTHER, Defendants, TIMOTHY V. CROULET and TAMRA A. CROULET,
refuse to remove any obstructions encroached upon servitude,
as hereto Exhibit E, by Defendants that remain as follows:
a) trees, shrubs, raised-brick flower bed, and concrete
driveway extension within any portion of the thirty-five feet
wide herein referenced servitude crossing over the serviant
[sic] estate, referred to as lot 17, regardless of cause; and
b) refuse to allow dominant estate owner, Plaintiff herein,
rights to remove said obstructions within servitude
right-of-way to access passage, inclusive of utility lines