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Conventional or voluntary servitudes

Servitudes – Conventional or voluntary servitudes

August 1, 2018 By Louisiana Notary Leave a Comment

Servitudes – Conventional or voluntary servitudes

Art. 697. Right to establish predial servitudes; limitations. Predial servitudes may be established by an owner on his estate or acquired for its benefit. The use and extent of such servitudes are regulated by the title by which they are created, and, in the absence of such regulation, by the following rules.

Art. 698. Property susceptible of servitudes. Predial servitudes are established on, or for the benefit of, distinct corporeal immovables.

Art. 731. Charge expressly for the benefit of an estate. A charge established on an estate expressly for the benefit of another estate is a predial servitude although it is not so designated.

Art. 733. Interpretation; benefit of dominant estate. When the right granted be of a nature to confer an advantage on an estate, it is presumed to be a predial servitude.

Art. 734. Interpretation; convenience of a person. 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.

Filed Under: Servitudes Tagged With: Conventional or voluntary servitudes

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