Servitudes – Examples of predial servitudes

Servitudes – Examples of predial servitudes

Art. 699. Examples of predial servitudes. The following are examples of predial servitudes: Rights of support, projection, drip, drain, or of preventing drain, those of view, of light, or of preventing view or light from being obstructed, of raising buildings or walls, or of preventing them from being raised, of passage, of drawing water, of aqueduct, of watering animals, and of pasturage.

Art. 700. Servitude of support. The servitude of support is the right by which buildings or other constructions of the dominant estate are permitted to rest on a wall of the servient estate. Unless the title provides otherwise, the owner of the servient estate is bound to keep the wall flt for the exercise of the servitude, but he may be relieved of this charge by abandoning the wall.

Art. 701. Servitude of view. The servitude of view is the right by which the owner of the dominant estate enjoys a view; this includes the right to prevent the raising of constructions on the servient estate that would obstruct the view.

Art. 702. Prohibition of view. The servitude of prohibition of view is the right of the owner of the dominant estate to prevent or limit openings of view on the servient estate.

Art. 703. Servitude of light. The servitude of light is the right by which the owner of the dominant estate is entitled to make openings in a common wall for the admission of light; this includes the right to prevent the neighbor from making an obstruction.

Art. 704. Prohibition of light. The servitude of prohibition of light is the right of the owner of the dominant estate to prevent his neighbor from making an opening in his ow wall for the admission of light or that limits him to certain lights only.

Art. 705. Servitude of passage. The servitude of passage is the right for the benefit of the dominant estate whereby persons, animals, utilities, or vehicles are permitted to pass through the servient estate. Unless the title provides otherwise, the extent of the right and the mode of its exercise shall be suitable for the kind of traffic or utility necessary for the reasonable use of the dominant estate.