easement and servitudes

8/10/2019 Easement and Servitudes

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Access to Highway

There is absolutely no access to a publichighway.

Even if there is one, if it is difficult ordangerous to use or grossly insufficient.


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When Several Tenements Are Involved

If there are several tenements surroundingthe dominant estate

the shortest one which will cause the leastdamage is to be chosen

If the 2 criterion is not present at the same time,chose the one which will cause the least damage


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Width Easement of Right of Way

Art. 651 that which is sufficient for theneeds of the dominant estate.

A person should not be compelled to merely usea footpath if he has a vehicle that requires a widerroad.


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Right of Way: Sale, Exchange or Partition ofProperty (Art. 652 and 653)

Vendor, Exchanger or Co-owner sells landsurrounded by his other estates:

obliged to grant a right of way without indemnity. Donor gives land which is surrounded by his

other properties. Donor to grant right of way but with indemnity.

If the grantors property is isolated Can request right of way but must pay indemnity In the case of a donor, no indemnity


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Isolation Ceases

Art. 655 If the isolation ceases A new road is opened Owner of servient estate may demand

extinguishment of easement BUT must returnwhat has received as payment and interest to be

considered as payment for use of easement The owner of the servient estate must ask for the

extinguishment


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Easement of Party Wall

A party wall is built by common agreement bygetting land from adjoining tenements inequal parts; in such case, each party may usethe wall, but only the extent of one-half of itsthickness.


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Easement of Light and View

Art. 667 no opening in the party wall can be made without

the consent of the others if done without the proper consent, the others

can close up If an opening is made and is tolerated, after 10

years, there is an easement by prescription.


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Period of Prescription

Through a party wall compute period from time opening is made

If made through a wall in the dominant estate compute from the time formal prohibition is

made upon the proprietor of adjoining land


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Lateral and Subjacent Support

Prohibits excavations on ones land that woulddeprive any adjacent land or building ofsufficient lateral or subjacent support.

but may support artificially Not subject to waiver Any proprietor intending to make excavations

must give notice to the owners of adjacentlands

easement and servitudes

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