Jesse Justin Colvin and Ruby Sue Hill Colvin v. Robert Bradford Jones and Roni Michelle Reppond Jones, consolidated with Robert Bradford Jones and Roni Michelle Reppond Jones v. Jessie Justin Colvin and Ruby Sue Hill Colvin

Summary

The Louisiana Second Circuit affirmed a judgment fixing the boundary between the parties’ properties at an old downed combination fence. The court also upheld a permanent injunction requiring removal of signs, fencing, lights, and other materials, as well as an award of $7,500 to each of the Joneses for nuisance-related damages and loss of enjoyment of their property.

Holdings

1. A boundary action is distinct from a possessory action, and when title evidence does not resolve a disputed boundary, the boundary may be fixed according to the limits established by possession. The district court did not manifestly err in finding that the old downed combination fence represented those limits and in fixing the boundary there.
2. The Joneses established real damage and irreparable injury from the Colvins' intentional and substantial interference with their quiet enjoyment of their property. The permanent injunction requiring removal of the signs, posts, lights, and flagging materials and prohibiting similar conduct was proper.
3. Serious and material discomfort, including stress, worry, sleep disturbance, and loss of enjoyment of property, may constitute real damage even without physical injury, medical proof, or financial loss. The district court did not abuse its discretion in awarding $7,500 to each Jones.

Questions Presented

1. Whether the district court erred in fixing the boundary at the old downed combination fence rather than according to the parties' titles or the surveys.
2. Whether the district court properly issued a permanent injunction requiring removal of the Colvins' signs, posts, lights, and flagging materials and prohibiting similar materials at the boundary.
3. Whether the Joneses proved real and irreparable damage sufficient to support the injunction and a $7,500 award to each Jones.
4. Whether the district court erred by failing to award monetary damages to the Colvins.

Disposition

affirmed