the east and west sides of the property and for the issue of Atkins' access to his property, the case is remanded for further proceedings for those determinations. The existence of any private road(s), or conventional predial servitudes of passage, extending to the Atkins tract as the dominant estate should be determined so as to address and alleviate the issue of an enclosed estate. The court should also consider the propriety of any fence impediment pertaining to such road as imposed by the owners of the servient estate. La.C.C. art. 705;
Cf., Kaffie v. Pioneer Bank Trust Co., 184 So. 2d 595 (La. App. 2d Cir. 1965);
Clause v. Broussard, 146 So. 2d 828 (La. App. 3d Cir. 1962),
writ denied,
243 La. 1004,
149 So. 2d 763 (1963).
Conclusion
For the foregoing reasons, the judgment of the trial court ordering the removal of Six C's fence on the grounds of nuisance is reversed. The case is remanded for a determination of the boundary disputes on the east and west sides of the property and Atkins' access to his property. Costs of appeal shall be borne equally by the parties.
JUDGMENT REVERSED; REMANDED FOR FURTHER PROCEEDINGS.