Louisiana Civil Code

Table of Contents (Download PDF)

SECTION 5 - EXTINCTION OF PREDIAL SERVITUDES

Art. 751. A predial servitude is extinguished by the permanent and total destruction of the dominant estate or of the part of the servient estate burdened with the servitude. [Acts 1977, No. 514, §1]

Art. 752. If the exercise of the servitude becomes impossible because the things necessary for its exercise have undergone such a change that the servitude can no longer be used, the servitude is not extinguished; it resumes its effect when things are reestablished so that they may again be used, unless prescription has accrued. [Acts 1977, No. 514, §1]

Art. 753. A predial servitude is extinguished by nonuse for ten years. [Acts 1977, No. 514, §1]

Art. 754. Prescription of nonuse begins to run for affirmative servitudes from the date of their last use, and for negative servitudes from the date of the occurrence of an event contrary to the servitude.

An event contrary to the servitude is such as the destruction of works necessary for its exercise or the construction of works that prevent its exercise. [Acts 1977, No. 514, §1]

Art. 755. If the owner of the dominant estate is prevented from using the servitude by an obstacle that he can neither prevent nor remove, the prescription of nonuse is suspended on that account for a period of up to ten years. [Acts 1977, No. 514, §1]

Art. 756. If the servitude cannot be exercised on account of the destruction of a building or other construction that belongs to the owner of the dominant estate, prescription is not suspended. If the building or other construction belongs to the owner of the servient estate, the preceding article applies. [Acts 1977, No. 514, §1]

Art. 757. A predial servitude is preserved by the use made of it by anyone, even a stranger, if it is used as appertaining to the dominant estate. [Acts 1977, No. 514, §1]

Art. 758. The prescription of nonuse does not run against natural servitudes. [Acts 1977, No. 514, §1]

Art. 759. A partial use of the servitude constitutes use of the whole. [Acts 1977, No. 514, $1]

Art. 760. A more extensive use of the servitude than that granted by the title does not result in the acquisition of additional rights for the dominant estate unless it be by acquisitive prescription. [Acts 1977, No. 514, §1]

Art. 761. The use of a right that is only accessory to the servitude is not use of the servitude. [Acts 1977, No. 514, §1]

Art. 762. If the dominant estate is owned in indivision, the use that a co-owner makes of the servitude prevents the running of prescription as to all.

If the dominant estate is partitioned, the use of the servitude by each owner preserves it for his estate only. [Acts 1977, No. 514, §1]

Art. 763. The prescription of nonuse is not suspended by the minority or other disability of the owner of the dominant estate. [Acts 1977, No. 514, §1]

Art. 764. When the prescription of nonuse is pleaded, the owner of the dominant estate has the burden of proving that he or some other person has made use of the servitude as appertaining to his estate during the period of time required for the accrual of the prescription. [Acts 1977, No. 514, §1]

Art. 765. A predial servitude is extinguished when the dominant and the servient estates are acquired in their entirety by the same person. [Acts 1977, No. 514, §1]

Art. 766. When the union of the two estates is made under resolutory condition, or if it cease by legal eviction, the servitude is suspended and not extinguished. [Acts 1977, No. 514, §1]

Art. 767. Until a successor has formally or informally accepted a succession, confusion does not take place. If the successor renounces the succession, the servitudes continue to exist. [Acts 1977, No. 514, §1. Acts 2001, No. 572, §1]

Art. 768. Confusion does not take place between separate property and community property of the spouses. Thus, if the servient estate belongs to one of the spouses and the dominant estate is acquired as a community asset, the servitude continues to exist. [Acts 1977, No. 514, §1]

Art. 769. A servitude that has been extinguished by confusion may be reestablished only in the manner by which a servitude may be created. [Acts 1977, No. 514, §1]

Art. 770. A predial servitude is extinguished by the abandonment of the servient estate, or of the part on which the servitude is exercised. It must be evidenced by a written act. The owner of the dominant estate is bound to accept it and confusion takes place. [Acts 1977, No. 514, §1]

Art. 771. A predial servitude is extinguished by an express and written renunciation by the owner of the dominant estate. [Acts 1977, No. 514, §1]

Art. 772. A renunciation of a servitude by a co-owner of the dominant estate does not discharge the servient estate, but deprives him of the right to use the servitude. [Acts 1977, No. 514, §1]

Art. 773. A predial servitude established for a term or under a resolutory condition is extinguished upon the expiration of the term or the happening of the condition. [Acts 1977, No. 514, §1]

Art. 774. A predial servitude is extinguished by the dissolution of the right of the person who established it. [Acts 1977, No. 514, §1]