Court affirms Regions Bank's right of passage in Louisiana

The Louisiana Court of Appeal recently ruled in favor of Regions Bank, granting it a right of passage across a family property owned by the Walker-Ewing siblings. This decision allows Regions Bank to access its Antrim Trust property for timber harvesting and recreational purposes. The ruling is significant as it clarifies property rights and access issues in Louisiana.

The case, Regions Bank, as Trustee of the Antrim Trust v. Brookie Hudson Walker, Charles Ewing, III, and Charlotte Hudson Ewing (Docket No. 56,931-CA), arose from a dispute over access to a 540-acre tract of land managed by Regions Bank. The court's decision affects the Walker-Ewing siblings, who opposed the bank's claim, and sets a precedent for similar property access disputes in the future.

Background

Regions Bank manages the Antrim Trust, which includes the Antrim 540 property located in Bossier Parish, Louisiana. The bank historically accessed this property through a verbally granted right of passage across the Walker-Ewing tract, known as the Western Route. However, in December 2022, the Walker-Ewing siblings changed the locks on their property, effectively blocking Regions Bank's access.

In response, Regions Bank filed a lawsuit seeking a formal right of passage to ensure access to the Antrim 540 for timber harvesting and recreational hunting. The bank argued that the Antrim 540 was an involuntarily enclosed estate, entitled to access the nearest public road, which it claimed was Louisiana Highway 160. The Walker-Ewing siblings countered that the bank had lost its right to use the Western Route due to its poor condition and suggested an alternative route, the Northern Route, which they claimed was shorter and less injurious.

The Ruling

The Louisiana Court of Appeal, led by Judge Ellender, upheld the trial court's decision granting Regions Bank a right of passage along the Western Route. The court found that the Western Route was the shortest and least injurious option for accessing the Antrim 540. The court stated, "the Western Route was clearly suitable for the needs of Regions and the hunters who leased the Antrim 540;" it also noted that this route had been used for over 100 years.

The court dismissed the defendants' arguments regarding the suitability of the Northern Route, stating that it would require additional servitudes and construction efforts, making it less practical. The court emphasized that the Western Route had historically been used for timber harvesting and was the most appropriate choice for the right of passage.

Impact

This ruling clarifies the rights of property owners regarding access to enclosed estates in Louisiana. It establishes that an owner of an involuntarily enclosed estate can claim a right of passage over neighboring properties to reach the nearest public road. The court's decision reinforces the importance of historical usage rights and the need for practical access solutions.

The ruling primarily impacts the Walker-Ewing siblings, who must now allow Regions Bank to use the Western Route for timber harvesting and access for recreational hunting lessees. This case may also serve as a reference for future disputes involving property access and rights of way in Louisiana.

What's Next

The Walker-Ewing siblings have the option to appeal the ruling to the Louisiana Supreme Court, although it is unclear if they will pursue this route. There are no related cases pending at this time.