Louisiana Civil Code

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SECTION 2 - ESTABLISHMENT OF PREDIAL SERVITUDES BY TITLE

Art. 708. The establishment of a predial servitude by title is an alienation of a part of the property to which the laws governing alienation of immovables apply. [Acts 1977, No. 514, §1]

Art. 709. A mandatary may establish a predial servitude if he has an express and special power to do so. [Acts 1977, No. 514, §1]

Art. 710. The naked owner may establish a predial servitude that does not infringe on the rights of the usufructuary or that is to take effect at the termination of the usufruct.

The consent of the usufructuary is required for the establishment of any other predial servitude. [Acts 1977, No. 514, §1]

Art. 711. The usufructuary may not establish on the estate of which he has the usufruct any charges in the nature of predial servitudes. [Acts 1977, No. 514, §1]

Art. 712. A person having ownership subject to a term or the happening of a condition may establish a predial servitude, but it ceases with his right. [Acts 1977, No. 514, §1]

Art. 713. A purchaser under a reserved right of redemption may establish a predial servitude on the property, but it ceases if the seller exercises his right of redemption. [Acts 1977, No. 514, §1]

Art. 714. A predial servitude on an estate owned in indivision may be established only with the consent of all the co-owners.

When a co-owner purports to establish a servitude on the entire estate, the contract is not null; but, its execution is suspended until the consent of all co-owners is obtained. [Acts 1977, No. 514, §1]

Art. 715. A co-owner who has consented to the establishment of a predial servitude on the entire estate owned in indivision may not prevent its exercise on the ground that the consent of his co-owner has not been obtained.

If he becomes owner of the whole estate by any means which terminates the indivision, the predial servitude to which he has consented burdens his property. [Acts 1977, No. 514, §1]

Art. 716. When a co-owner has consented to the establishment of a predial servitude on his undivided part only, the consent of the other co-owners is not required, but the exercise of the servitude is suspended until his divided part is determined at the termination of the state of indivision. [Acts 1977, No. 514, §1]

Art. 717. If the estate owned in indivision is partitioned in kind, the servitude established by a co-owner on his undivided part burdens only the part allotted to him. [Acts 1977, No. 514, §1]

Art. 718. If the estate is partitioned by licitation and the co-owner who consented to the establishment of the predial servitude acquires the ownership of the whole, the servitude burdens the entire estate as if the co-owner had always been sole owner. If the entire estate is adjudicated to any other person the right granted by the co-owner is extinguished. [Acts 1977, No. 514, §1]

Art. 719. Except as provided in Article 718, the successor of the co-owner who has consented to the establishment of a predial servitude, whether on the entire estate owned in indivision or on his undivided part only, occupies the same position as his ancestor. If he becomes owner of a divided part of the estate the servitude burdens that part, and if he becomes owner of the whole the servitude burdens the entire estate. [Acts 1977, No. 514, §1]

Art. 720. The owner of the servient estate may establish thereon additional servitudes, provided they do not affect adversely the rights of the owner of the dominant estate. [Acts 1977, No. 514, §1]

Art. 721. A predial servitude may be established on mortgaged property. If the servitude diminishes the value of the estate to the substantial detriment of the mortgagee, he may demand immediate payment of the debt.

If there is a sale for the enforcement of the mortgage the property is sold free of all servitudes established after the mortgage. In such a case, the acquirer of the servitude has an action for the restitution of its value against the owner who established it. [Acts 1977, No. 514, §1]

Art. 722. Predial servitudes are established by all acts by which immovables may be transferred. Delivery of the act of transfer or use of the right by the owner of the dominant estate constitutes tradition. [Acts 1977, No. 514, §1]

Art. 723. Predial servitudes may be established on public things, including property of the state, its agencies and political subdivisions. [Acts 1977, No. 514, §1]

Art. 724. A predial servitude may be established on several estates for the benefit of one estate. One estate may be subjected to a servitude for the benefit of several estates. [Acts 1977, No. 514, §1]

Art. 725. 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. [Acts 1977, No. 514, §1]

Art. 726. Parties may agree to establish a predial servitude on, or for the benefit of, an estate of which one is not then the owner. If the ownership is acquired, the servitude is established.

Parties may agree that a building not yet built will be subjected to a servitude or that it will have the benefit of a servitude when it is built. [Acts 1977, No. 514, §1]

Art. 727. A predial servitude may be established on a certain part of an estate, if that part is sufficiently described. [Acts 1977, No. 514, §1]

Art. 728. The use of a predial servitude may be limited to certain times. Thus, the rights of drawing water and of passage may be confined to designated hours. [Acts 1977, No. 514, §1]

Art. 729. Legal and natural servitudes may be altered by agreement of the parties if the public interest is not affected adversely. [Acts 1977, No. 514, §1]

Art. 730. Doubt as to the existence, extent, or manner of exercise of a predial servitude shall be resolved in favor of the servient estate. [Acts 1977, No. 514, §1]

Art. 731. A charge established on an estate expressly for the benefit of another estate is a predial servitude although it is not so designated. [Acts 1977, No. 514, §1]

Art. 732. When the act does not declare expressly that the right granted is for the benefit of an estate or for the benefit of a particular person, the nature of the right is determined in accordance with the following rules. [Acts 1977, No. 514, §1]

Art. 733. When the right granted be of a nature to confer an advantage on an estate, it is presumed to be a predial servitude. [Acts 1977, No. 514, §1]

Art. 734. When the right granted is merely for the convenience of a person, it is not considered to be a predial servitude, unless it is acquired by a person as owner of an estate for himself, his heirs and assigns. [Acts 1977, No. 514, §1]

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