Servitudes – Predial Servitudes

Servitudes – Predial Servitudes

Art. 646. Predial servitude; definition. A predial servitude is a charge on a servient estate for the benefit of a dominant estate. The two estates must belong to different owners.

Art. 647. Benefit to dominant estate. There must be a benefit to the dominant estate. The benefit need not exist at the time the servitude is created; a possible convenience or a future advantage suffices to support a servitude. There is no predial servitude if the charge imposed cannot be reasonably expected to benefit the dominant estate.

Art. 648. Contiguity or proximity of the estates. Neither contiguity nor proximity of the two estates is necessary for the existence . of a predial servitude. It suffices that the two estates be so located as to allow one to derive some benefit from the charge on the other.

Art. 649. Nature; incorporeal immovable. A predial servitude is an incorporeal immovable.

Art. 650. Inseparability of servitude. A. A predial servitude is inseparable from the dominant estate and passes with it. The right of using the servitude cannot be alienated, leased, or encumbered separately from the dominant estate.

B. The predial servitude continues as a charge on the servient estate when owner­ship changes.

Art. 652. Indivisibility of servitude. A predial servitude is indivisible. An estate cannot have upon another estate part of a right of way, or of view, or of any other servitude, nor can an estate be charged with a part of a servitude. The use of a servitude may be limited to certain days or hours; when limited, it is still an entire right. A servitude is due to the whole of the dominant estate and to all parts of it; if this estate is divided, every acquirer of a part has the right of using the servitude in its entirety.

Art. 747. Division of dominant estate. If the dominant estate is divided, the servitude remains due to each part, provided that no additional burden is imposed on the servient estate. Th s, in case of a right of passage, all the owners are bound to exercise that right through the same place.

Art. 651. Obligations of the owner of the servient estate. The owner of the servient estate is not required to do anything. His obligation is to abstain from doing something on his estate or to permit something to be done on it. He may be required by convention or by law to keep his estate in suitable condition for the exercise of the servitude due to the dominant estate. A servitude may not impose upon the owner of the servient estate or his successors the obligation to pay a fee or other charge on the occasion of an alienation, lease, or encumbrance of the servient estate.

Art. 748. Noninterference by the owner of servient estate. 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.