Louisiana Civil Code

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SECTION 3 - ACQUISITION OF CONVENTIONAL SERVITUDES FOR THE DOMINANT ESTATE

Art. 735. A predial servitude may be acquired for the benefit of the dominant estate by the owner of that estate or by any other person acting in his name or in his behalf. [Acts 1977, No. 514, §1]

Art. 736. An incompetent may acquire a predial servitude for the benefit of his estate without the assistance of the administrator of his patrimony or of his tutor or curator. [Acts 1977, No. 514, §1]

Art. 737. The owner of the dominant estate may renounce the contract by which a predial servitude was acquired for the benefit of his estate, if he finds the contract onerous, and if the contract was made without his authority or while he was incompetent.

[Acts 1977, No. 514, §1]

Art. 738. The grantor may not revoke the servitude on the ground that the person who acquired it for the benefit of the dominant estate was not the owner, that he was incompetent, or that he lacked authority. [Acts 1977, No. 514, §1]

Art. 739. Nonapparent servitudes may be acquired by title only, including a declaration of destination under Article 741. [Acts 1977, No. 514, §1. Amended by Acts 1978, No. 479, §1]

Art. 740. Apparent servitudes may be acquired by title, by destination of the owner, or by acquisitive prescription. [Acts 1977, No. 514, §1]

Art. 741. Destination of the owner is a relationship established between two estates owned by the same owner that would be a predial servitude if the estates belonged to different owners.

When the two estates cease to belong to the same owner, unless there is express provision to the contrary, an apparent servitude comes into existence of right and a nonapparent servitude comes into existence if the owner has previously filed for registry in the conveyance records of the parish in which the immovable is located a formal declaration establishing the destination. [Acts 1977, No. 514, §1. Amended by Acts 1978, No. 479, §1]

Art. 742. The laws governing acquisitive prescription of immovable property apply to apparent servitudes. An apparent servitude may be acquired by peaceable and uninterrupted possession of the right for ten years in good faith and by just title; it may also be acquired by uninterrupted possession for thirty years without title or good faith. [Acts 1977, No. 514, §1]

Art. 743. Rights that are necessary for the use of a servitude are acquired at the time the servitude is established. They are to be exercised in a way least inconvenient for the servient estate. [Acts 1977, No. 514, §1]

 

SECTION 4 - RIGHTS OF THE OWNER OF THE DOMINANT ESTATE

Art. 744. The owner of the dominant estate has the right to make at his expense all the works that are necessary for the use and preservation of the servitude. [Acts 1977, No. 514, §1]

Art. 745. The owner of the dominant estate has the right to enter with his workmen and equipment into the part of the servient estate that is needed for the construction or repair of works required for the use and preservation of the servitude. He may deposit materials to be used for the works and the debris that may result, under the obligation of causing the least possible damage and of removing them as soon as possible. [Acts 1977, No. 514, §1]

Art. 746. If the act establishing the servitude binds the owner of the servient estate to make the necessary works at his own expense, he may exonerate himself by abandoning the servient estate or the part of it on which the servitude is granted to the owner of the dominant estate. [Acts 1977, No. 514, §1]

Art. 747. If the dominant estate is divided, the servitude remains due to each part, provided that no additional burden is imposed on the servient estate. Thus, in case of a right of passage, all the owners are bound to exercise that right through the same place. [Acts 1977, No. 514, §1]

Art. 748. The owner of the servient estate may do nothing tending to diminish or make more inconvenient the use of the servitude.

If the original location has become more burdensome for the owner of the servient estate, or if it prevents him from making useful improvements on his estate, he may provide another equally convenient location for the exercise of the servitude which the owner of the dominant estate is bound to accept. All expenses of relocation are borne by the owner of the servient estate. [Acts 1977, No. 514, §1]

Art. 749. If the title is silent as to the extent and manner of use of the servitude, the intention of the parties is to be determined in the light of its purpose. [Acts 1977, No. 514, §1]

Art. 750. If the title does not specify the location of the servitude, the owner of the servient estate shall designate the location. [Acts 1977, No. 514, §1]