now well-established rule in Louisiana

1974As was said in Sessum v. Hemperly, 233 La. 444 , 96 So.2d 832 , 843: 'Clearly, the now well-established rule, as a result of our codal provisions and the cited authorities, is that where there is a visible boundary which has been in existence for thirty years or more and the defendant in a boundary action and his predecessors in title have, in addition to the land described in the title, actually possessed land extending to that visible boundary, a plea of prescription of thirty years should be sustained.

1974As was said in Sessum v. Hemperly, 233 La. 444 , 96 So.2d 832 , 843: 'Clearly, the now well-established rule, as a result of our codal provisions and the cited authorities, is that where there is a visible boundary which has been in existence for thirty years or more and the defendant in a boundary action and his predecessors in title have, in addition to the land described in the title, actually possessed land extending to that visible boundary, a plea of prescription of thirty years should be sustained.

1961In Henly v. Kask, La.App., 11 So.2d 230, 235 , that court stated: “It seems clear to us, as a result of these decisions, that the now well-established rule is that where there is a visible boundary, which has been in existence for thirty years or more, and the defendant in a boundary action, or his predecessors in title have, in addition to the land described in the title, actually possessed land extending to that visible boundary, a plea of prescription of thirty years will be sustained since the defendant may show that, though he, himself, has not occupied the property for thirty years, the

1954Henly v. Kask, La.App., 11 So.2d 230, 235 , gives an exhaustive review of the jurisprudence on the question and sums up the requirements in the following language: "It seems clear to us, as a result of these decisions, that the now well-established rule is that where there is a visible boundary, which has been in existence for thirty years or more, and the defendant in a boundary action, or his predecessors in title have, in addition to the land described in the title, actually possessed land extending to that visible boundary, a plea of prescription of thirty years will be sustained, since th

1968“It is elementary that negligence is not actionable unless it constitutes a proximate cause of the injury sued upon, Home Gas & Fuel Co. v. Mississippi Tank Co., 246 La. 625 , 166 So.2d 252 ; Bodan v. American Employers’ Insurance Company, La.App., 160 So.2d 410 , or as stated by the Supreme Court in Dixie Drive It Yourself System New Orleans Co. v. American Beverage Company, et al., 242 La. 471 , 137 So.2d 298 , unless it amounts to a cause in fact of the accident.

1968“It is elementary that negligence is not actionable unless it constitutes a proximate cause of the injury sued upon, Home Gas & Fuel Co. v. Mississippi Tank Co., 246 La. 625 , 166 So.2d 252 ; Bodan v. American Employers’ Insurance Company, La.App., 160 So.2d 410 , or as stated by the Supreme Court in Dixie Drive It Yourself System New Orleans Co. v. American Beverage Company, et al., 242 La. 471 , 137 So.2d 298 , unless it amounts to a cause in fact of the accident.

1968“It is elementary that negligence is not actionable unless it constitutes a proximate cause of the injury sued upon, Home Gas & Fuel Co. v. Mississippi Tank Co., 246 La. 625 , 166 So.2d 252 ; Bodan v. American Employers’ Insurance Company, La.App., 160 So.2d 410 , or as stated by the Supreme Court in Dixie Drive It Yourself System New Orleans Co. v. American Beverage Company, et al., 242 La. 471 , 137 So.2d 298 , unless it amounts to a cause in fact of the accident.

1966It is elementary that negligence is not actionable unless it constitutes a proximate cause of the injury sued upon, Home Gas & Fuel Co. v. Mississippi Tank Co., 246 La. 625 , 166 So.2d 252 ; Bodan v. American Employers' Insurance Company, La.App., 160 So.2d 410 , or as stated by the Supreme Court in Dixie Drive It Yourself System New Orleans Co. v. American Beverage Company, et al., 242 La. 471 , 137 So.2d 298 , unless it amounts to a cause in fact of the accident. *26 Counsel for defendant contends neither thoroughfare in question enjoyed the right of way since neither had been previously des

1968“It is elementary that negligence is not actionable unless it constitutes a proximate cause of the injury sued upon, Home Gas & Fuel Co. v. Mississippi Tank Co., 246 La. 625 , 166 So.2d 252 ; Bodan v. American Employers’ Insurance Company, La.App., 160 So.2d 410 , or as stated by the Supreme Court in Dixie Drive It Yourself System New Orleans Co. v. American Beverage Company, et al., 242 La. 471 , 137 So.2d 298 , unless it amounts to a cause in fact of the accident.

1968“It is elementary that negligence is not actionable unless it constitutes a proximate cause of the injury sued upon, Home Gas & Fuel Co. v. Mississippi Tank Co., 246 La. 625 , 166 So.2d 252 ; Bodan v. American Employers’ Insurance Company, La.App., 160 So.2d 410 , or as stated by the Supreme Court in Dixie Drive It Yourself System New Orleans Co. v. American Beverage Company, et al., 242 La. 471 , 137 So.2d 298 , unless it amounts to a cause in fact of the accident.

2004Id. at 882 .

1971It is our view that for the rule to be applicable two conditions must concur : First, there must be a visible boundary, artificial or otherwise; second, there must be actual uninterrupted possession, either in person or through ancestors in title, for thirty years or more of the land extending beyond that described in the title and embraced within the visible bounds. * * * ” Since Opdenwyer v. Brown, 155 La. 617 , 99 So. 482 (1924) it has also been clear that under the provisions of this article, the tacking of successive possessions up to the established visible bounds between two estates is

1971It is our view that for the rule to be applicable two conditions must concur : First, there must be a visible boundary, artificial or otherwise; second, there must be actual uninterrupted possession, either in person or through ancestors in title, for thirty years or more of the land extending beyond that described in the title and embraced within the visible bounds. * * * ” Since Opdenwyer v. Brown, 155 La. 617 , 99 So. 482 (1924) it has also been clear that under the provisions of this article, the tacking of successive possessions up to the established visible bounds between two estates is

1951Grand Lodge of the State of Louisiana, Knights of Pythias v. Natchitoches Lodge, 215 La. 300 , 40 So.2d 472 ; Birdwell v. Birdwell, 217 La. 671 , 47 So.2d 41 ; Hayes v. Petry, 218 La. 730 , 50 So.2d 821 .

1951Grand Lodge of the State of Louisiana, Knights of Pythias v. Natchitoches Lodge, 215 La. 300 , 40 So.2d 472 ; Birdwell v. Birdwell, 217 La. 671 , 47 So.2d 41 ; Hayes v. Petry, 218 La. 730 , 50 So.2d 821 .

1951Grand Lodge of the State of Louisiana, Knights of Pythias v. Natchitoches Lodge, 215 La. 300 , 40 So.2d 472 ; Birdwell v. Birdwell, 217 La. 671 , 47 So.2d 41 ; Hayes v. Petry, 218 La. 730 , 50 So.2d 821 .

1951Grand Lodge of the State of Louisiana, Knights of Pythias v. Natchitoches Lodge, 215 La. 300 , 40 So.2d 472 ; Birdwell v. Birdwell, 217 La. 671 , 47 So.2d 41 ; Hayes v. Petry, 218 La. 730 , 50 So.2d 821 .

1951Grand Lodge of the State of Louisiana, Knights of Pythias v. Natchitoches Lodge, 215 La. 300 , 40 So.2d 472 ; Birdwell v. Birdwell, 217 La. 671 , 47 So.2d 41 ; Hayes v. Petry, 218 La. 730 , 50 So.2d 821 .

1951Grand Lodge of the State of Louisiana, Knights of Pythias v. Natchitoches Lodge, 215 La. 300 , 40 So.2d 472 ; Birdwell v. Birdwell, 217 La. 671 , 47 So.2d 41 ; Hayes v. Petry, 218 La. 730 , 50 So.2d 821 .