Louis V. Hose And Julie H. Hose v. James Scott O'connell And Whitney Elizabeth O'connell

Supreme Court of Louisiana
November 25, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
LOUIS V. HOSE AND JULIE H. HOSE
VS.
JAMES SCOTT O'CONNELL AND
WHITNEY ELIZABETH O'CONNELL
No. 2025-C-01158
_ _
_ _ _ _
IN
RE: Louis V. Hose, et al. - Applicant Plaintiff; Applying For Writ Of Certiorari,
Parish of Orleans Civil, Civil District Court Number(s) 2022-02408, Court of
Appeal, Fourth Circuit, Number(s) 2024-CA-0493;
_ _ _ _ _ _
November 25, 2025
Writ application granted. See per curiam.
JDH
JLW
WJC
JBM
PDG
JMG
CRC
11/25/2025 "See News Release 052 for any Concurrences and/or Dissents."

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SUPREME COURT OF LOUISIANA

No. 2025-C-01158

LOUIS V. HOSE AND JULIE H. HOSE

VS.

JAMES SCOTT O'CONNELL AND WHITNEY ELIZABETH O'CONNELL

On Writ of Certiorari to the Court of Appeal, Fourth Circuit,
Parish of Orleans Civil

PER CURIAM
Writ granted. Pursuant to the “Dedication of Community Driveway” that was
filed into the parish mortgage and conveyance records, 6331 and 6333 Annunciation
are each both the dominant and the servient estate. Both properties owe the other a
common duty and, in exchange, reap a corresponding common benefit. Both parties
derive their right of possession from the Dedication and both parties are thus
precarious possessors. The lower courts failed to recognize that the servitude at issue
herein is a reciprocal servitude pursuant to LSA-C.C. art. 725, which provides:
The title that establishes a servitude for the benefit of the dominant
estate may also establish a servitude on the dominant estate for the
benefit of the servient estate.

Such an arrangement is understandable in light of the properties involved and the
size and location of the area burdened by the servitude. Specifically, the “Dedication
of Common Driveway” establishes a common driveway measuring seven feet, 2
inches in width, consisting of the total width of the area existing between the homes
built on each respective lot.
Acquisitive prescription does not run in favor of a precarious possessor or his
universal successor. LSA -C.C. art. 3477. In order to terminate precarious
possession and commence prescription, a precarious possessor must give actual

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notice to the person on whose behalf he is possessing that he intends to possess for
himself. LSA-C.C. art. 3478. We note that the Hoses installed a chimney and an air
conditioner compressor within the servitude in 2020, and that the O’Connells’
predecessor extended the fence and planted two palm trees within the servitude in
1999. Even if these actions could be considered actual notice sufficient to
commence prescription, the parties have not attained the necessary 30 years.
Despite a misinterpretation of the law in its original opinion, the results
reached by the court of appeal are correct. We therefore vacate the judgment of the
court of appeal on rehearing and affirm and reinstate its original judgment.
VACATED; AFFIRMED and REINSTATED.