land error in Louisiana

1939They are urged pursuant to the provisions of article 853 of the Louisiana Civil Code, which are: “If the boundaries have been fixed according to a common title, or according to different titles, and the surveyor had committed an error in his measure, it can always be rectified, unless the part of the land on which the error was committed, be acquired by an adverse possession of *365 ten years, if the parties are present, and twenty years, if absent.” In Barker v. Houssiere-Latreille Oil Co., 160 La. 52 , 106 So. 672, 676 , the Supreme Court stated: “In order to sustain the plea of prescription

1925Article 853 of the Civil Code provides that: “If the boundaries have been fixed according to a common title, or according to different titles, and the surveyor has committed an error in his measure, it can always be rectified, unless the part of the land on which the error was committed, be acquired by an adverse possession of ten years, if the parties are' present, and twenty years, if absent.” In order to sustain the plea of prescription of 10 years under article 853, it is necessary not only to show a possession of .10 years, but *34 also that the possession has been held by boundaries fixe

1939They are urged pursuant to the provisions of article 853 of the Louisiana Civil Code, which are: “If the boundaries have been fixed according to a common title, or according to different titles, and the surveyor had committed an error in his measure, it can always be rectified, unless the part of the land on which the error was committed, be acquired by an adverse possession of *365 ten years, if the parties are present, and twenty years, if absent.” In Barker v. Houssiere-Latreille Oil Co., 160 La. 52 , 106 So. 672, 676 , the Supreme Court stated: “In order to sustain the plea of prescription

1939They are urged pursuant to the provisions of article 853 of the Louisiana Civil Code, which are: “If the boundaries have been fixed according to a common title, or according to different titles, and the surveyor had committed an error in his measure, it can always be rectified, unless the part of the land on which the error was committed, be acquired by an adverse possession of *365 ten years, if the parties are present, and twenty years, if absent.” In Barker v. Houssiere-Latreille Oil Co., 160 La. 52 , 106 So. 672, 676 , the Supreme Court stated: “In order to sustain the plea of prescription

1958In Barker v. Houssiere-Latreille Oil Co., 160 La. 52 , at page 64, 106 So. 672 , at page 676, this court said: “ ‘In order to sustain the plea of prescription of 10 years under article 853, it is necessary not only to show a possession of 10 years, but also that the possession has been held by boundaries fixed by a surveyor in accordance with article 833 and consecutive articles of the Civil Code, requiring the work to be done by a sworn surveyor of the state, notice to the parties, examination by the surveyor of title papers, proces verbal of survey, etc.’ Citing Gray v. Couvillon, supra.” In

1954This Article reads as follows: "If the boundaries have been fixed according to a common title, or according to different titles, and the surveyor had committed an error in his measure, it can always be rectified, unless the part of the land on which the error was committed, be acquired by an adverse possession of ten years, if the parties are present, and twenty years, if absent." Carnahan v. McCoy, La.App., 49 So.2d 78 ; Rock v. Varuso, La.App., 61 So. 2d 741 ; Picou v. Curole, La.App., 44 So.2d 354 .

2015R.S. 30:29; State v. Louisiana Land & Exploration Co., 12-0884 (La.1/30/13), 110 So.3d 1038 .

2011Without doubt, an appellate court has the authority to raise an issue sua sponte on appeal." Wooley v. Lucksinger, 09-0571 (La.4/1/11), 61 So.3d 507, 562 . [4] The destruction of smaller trees in a case where merchantable timber is removed from the land in violation of the Statute may result in a measure of loss subject to treble damages.

1976As stated in Boudreaux v. Shadyside, supra: "Where third parties subsequently purchasing are concerned, a boundary is fixed according to their recorded titles and not according to a differing intention on the part of their ancestors in title at the time that the separate estates were created, Hunter v. Forrest, 183 La. 434 , 164 So. 163 . . ." Civil Code Article 853 provides: "If the boundaries have been fixed according to a common title, or according to different titles, and the surveyor had *134 committed an error in his measure, it can always be rectified, unless the part of the land on whi

1976As stated in Boudreaux v. Shadyside, supra: "Where third parties subsequently purchasing are concerned, a boundary is fixed according to their recorded titles and not according to a differing intention on the part of their ancestors in title at the time that the separate estates were created, Hunter v. Forrest, 183 La. 434 , 164 So. 163 . . ." Civil Code Article 853 provides: "If the boundaries have been fixed according to a common title, or according to different titles, and the surveyor had *134 committed an error in his measure, it can always be rectified, unless the part of the land on whi

1976As stated in Boudreaux v. Shadyside, supra: "Where third parties subsequently purchasing are concerned, a boundary is fixed according to their recorded titles and not according to a differing intention on the part of their ancestors in title at the time that the separate estates were created, Hunter v. Forrest, 183 La. 434 , 164 So. 163 . . ." Civil Code Article 853 provides: "If the boundaries have been fixed according to a common title, or according to different titles, and the surveyor had *134 committed an error in his measure, it can always be rectified, unless the part of the land on whi

1976As stated in Boudreaux v. Shadyside, supra: "Where third parties subsequently purchasing are concerned, a boundary is fixed according to their recorded titles and not according to a differing intention on the part of their ancestors in title at the time that the separate estates were created, Hunter v. Forrest, 183 La. 434 , 164 So. 163 . . ." Civil Code Article 853 provides: "If the boundaries have been fixed according to a common title, or according to different titles, and the surveyor had *134 committed an error in his measure, it can always be rectified, unless the part of the land on whi

1955In Fried v. Bradley, 219 La. 59 , at page 80, 52 So.2d 247 , at page 254, we observed: “Thus it may be seen that the lawmakers in their wisdom have deemed it to the interest of society to interpose a statute of repose by fixing a time limit (10 years), after which the parties at interest, by their silence and inaction, are conclusively presumed to have acquiesced in and ratified the act, and to have renounced such right as they may have had to attack it.” The plaintiffs contend, however, that since Peltier recovered for the plaintiffs, as their attorney, the land they now claim, he could acqui

1955In Fried v. Bradley, 219 La. 59 , at page 80, 52 So.2d 247 , at page 254, we observed: “Thus it may be seen that the lawmakers in their wisdom have deemed it to the interest of society to interpose a statute of repose by fixing a time limit (10 years), after which the parties at interest, by their silence and inaction, are conclusively presumed to have acquiesced in and ratified the act, and to have renounced such right as they may have had to attack it.” The plaintiffs contend, however, that since Peltier recovered for the plaintiffs, as their attorney, the land they now claim, he could acqui

1954This Article reads as follows: "If the boundaries have been fixed according to a common title, or according to different titles, and the surveyor had committed an error in his measure, it can always be rectified, unless the part of the land on which the error was committed, be acquired by an adverse possession of ten years, if the parties are present, and twenty years, if absent." Carnahan v. McCoy, La.App., 49 So.2d 78 ; Rock v. Varuso, La.App., 61 So. 2d 741 ; Picou v. Curole, La.App., 44 So.2d 354 .

1954This Article reads as follows: "If the boundaries have been fixed according to a common title, or according to different titles, and the surveyor had committed an error in his measure, it can always be rectified, unless the part of the land on which the error was committed, be acquired by an adverse possession of ten years, if the parties are present, and twenty years, if absent." Carnahan v. McCoy, La.App., 49 So.2d 78 ; Rock v. Varuso, La.App., 61 So. 2d 741 ; Picou v. Curole, La.App., 44 So.2d 354 .

1946In the case of Noulen v. Perkins, 1842, 3 Rob. 233 , it was held: “One who sells all *521 his right, title, and interest in an improvement made on the public lands, must be considered as parting with all the ulterior advantages to which he may be entitled in virtue thereof.” The wording and the stipulations of the deed from Rebecca Carter to Hiram Ours and of the deed from him to Rees Perkins leaves no doubt that each deed conveyed not only the improvements on the land but the claim to the land itself.

1941Sustaining this holding are the provisions of Louisiana Civil Code Article 853 reading: "If the boundaries have been fixed according to a common title, or according to different titles, and the surveyor had committed an error in his measure, it can always be rectified, unless the part of the land on which the error was committed, be acquired by an adverse possession of ten years, if the parties are present, and twenty years, if absent." In construing that article, along with other provisions found in Book 2, Title 5 of the Civil Code, our Supreme Court held in Opdenwyer v. Brown, 155 La. 617 ,

1941Sustaining this holding are the provisions of Louisiana Civil Code Article 853 reading: "If the boundaries have been fixed according to a common title, or according to different titles, and the surveyor had committed an error in his measure, it can always be rectified, unless the part of the land on which the error was committed, be acquired by an adverse possession of ten years, if the parties are present, and twenty years, if absent." In construing that article, along with other provisions found in Book 2, Title 5 of the Civil Code, our Supreme Court held in Opdenwyer v. Brown, 155 La. 617 ,

1919In Penn v. Rodriguez, 115 La. 174 , 38 South. 955 , the words of the description clearly included the land which by error had not been included in the description by government surveys, and the court allowed the error, of which there was no doubt whatever, to be corrected.

1919In Penn v. Rodriguez, 115 La. 174 , 38 South. 955 , the words of the description clearly included the land which by error had not been included in the description by government surveys, and the court allowed the error, of which there was no doubt whatever, to be corrected.

1919In Palangue v. Guesnon, 15 La. 311 , the difficulty was simply as to the admissibility of parol evidence to show that the description had been made to cover the wrong property ; there was no doubt as to the error.