網頁圖片
PDF
ePub 版

The servitude of drip is that by which any one engages to permit the waters from the roof of his neighbour to fall on his estate, or that by which any one obliges himself to suffer the waters from his own roof to fall on the estate of his neighbour.

Art. 710.–The right of drain consists in the servitude of passing water collected in pipes or canals through the estate of one's neighbour.

This servitude is different from the right of drip, because the charge it imposes is more onerous.

It is much less inconvenient to receive the rain which falls than a body of water which may carry away the land by its violence.

The contrary servitude is the right of preventing this passage of water.

ART. 711.-We understand by view every opening which may, more or less, facilitate the means of looking out of a building.

Lights are those openings, which are made rather for the admission of light, than to look out of.

ART. 712.-Servitudes of view are of two kinds; one which confers the right of full view with the power of preventing one's neighbour from raising any buildings which obstruct it, and the other which gives a proprietor the right of preventing his neighbour from having any view or lights on the side on which their estates unite, or that he exercise these servitudes according to his title.

ART. 713.-Servitudes of lights are also of two kinds; one which gives the owner of a house the right of opening windows in a wall held in common, for the admission of light, with the right also of preventing his neighbour from raising any building which can obstruct the admission of light: and the other, which gives the right of preventing one's neighbour from opening his wall, or a wall held in common, for the admission of light from a yard, or other place, or which limits him to certain lights which are conferred by his title.

ART. 714.–The right of obliging one's neighbour to raise his wall to a certain height; and, on the contrary, that of preventing one's neighbour from raising his house beyond a certain height, are also servitudes.

ART. 715.—The right of passage in cities is a servitude by which a proprietor permits his neighbour to pass through his house or lot to arrive at his own.

This servitude, to be perpetual, must be so expressed in the title; otherwise, it ceases with the person who enjoys it, and does not pass to his heirs.

ART. 716.—The right of drawing water is a servitude by which one suffers his neighbour to draw water from the well or spring he has on his land, the use of this servitude is confined to those who live in the house of the person enjoying the servitude, unless the contrary be expressed in the title.

ART. 717.-The principal rural servitudes are those of passage, of way, of taking water, of the conducting of waler or aqueduct, of watering, of pasturage, of burning brick or lime, and of taking earth or sand from the estate of anothier.

ART. 718.–The right of passage or of way is a servitude imposed by law or by convention, and by virtue of which one has a right to pass on foot, on horseback, or in a vehicle, to drive beasts of burthen or carts through the estate of another.

When this servitude results from the law, the exercise of it is confined to the wants of the person who has it. •

When it is the result of a contract, its extent and the mode of using it, is regulated by the contract.

ART. 719.-The right of drawing water from the spring of another is also a servitude.

ART. 720.-The conducting of water or aqueduct is the right by which one conducts water from his estate through the land of his neighbour, by means of an aqueduct or ditch.

ART. 721.–The right of watering one's animals at the pond or spring of another, is also a servitude.

ART. 722.-Pasturage is the right of feeding one's cattle on the estate of another.

ART. 723.-Servitudes are either continuous or discontinuous.

Continuous servitudes are those whose use is or may be continual without the act of man.

Such are aqueducts, drain, view and the like.

Interrupted servitudes are such as need the act of man to be exercis ed.

Such are the rights of passage, of drawing water, pasture and the like.

ART. 724.–Again, servitudes are either visible and apparent or non-apparent.

Apparent servitudes are such as are to be perceivable by exterior works, such as a door, a window, an aqueduct.

Non-apparent servitudes are such as have no exterior sign of their existence, such for instance, as the prohibition of building on an estate, or of building above a particular height.

SECTION 11.

How Servitudes are established. ART. 725— The right of imposing a servitude permanently on an estate, belongs to the owner alone.

ART. 726.—He who has the naked property of an eslate cannot subject it to a servitude without the consent of the usufructuary, unless it be to take effect at the termination of the usufruct.

These servitudes, which do no injury to the rights of the usufructuary, such as that of not raising his house higher than it is, are excepted.

ART. 727.-It is not sufficient to be an owner in order to establish a servitude; one must be master of his rights and have the power to alienate; for the creation of a servitude is an alienation of a part of the property.

Thus minors, married women, persons interdicted, cannot establish servitudes on their estates, except according to the forms prescribed for the alienation of their property.

ART. 728.-The husband cannot establish a servitude on the dotal property of his wife, even with her consent, unless it be expressly stipulated in the marriage contract that he shall be permitted to alienale her dotal property. with her consent.

ART. 729.-An attorney in fact cannot impose a servitude on the estate entrusted to him, without a special power to that effect.

ART. 730.-Corporations can only establish servitudes on their property in the cases and with the forms in which they can alienate.

ART. 731.—The purchaser with a reservation of redemption, may impose servitudes on the property acquired by him; but they cease if the redemption takes effect.

ART. 732.-Those who have not the full property, whose property in the estate ceases on a certain condition, or at a particular time, may establish servitudes thereon, but they cease with their rights, and those in whose favour the servitudes are established cannot avail themselves of prescription, because before that time no action for the dissolution of the servitude could be instituted against them.

ART. 733.—The usufructuary cannot establish on the estate of which he has the usufruct any charges in the nature of services, because they of necessity cease with the usufruct.

ART. 734.-The co-proprietor of an undivided estate

cannot impose a servitude thereon, without the consent of his co-proprietor.

The contract of servitude, however, is not null; its execution is suspended until the consent of the co-proprietor is given.

Art. 735.-The co-proprietor, who has consented to the establishment of a servitude on property held in common, cannot prevent the exercise of the servitude by objecting that the consent of his co-proprietor has not been given.

If he becomes owner of the whole estate, he is bound to permit the exercise of the servitude to which he has before consented.

ART. 736.-If the co-proprietor has established the servitude for his part of the estate only, the consent of the other owners is not necessary, but the exercise of the servitude must be suspended, until his part be ascertained by a partition. In this case, he to whom the servitude has been granted, may compel the co-proprietor from whom he received it, to sue for a partition, or may sue for it himself.

ART. 737. - If in the suit for a partition it be determined that the estate be disposed of by licitation, and he who has granted the servitude becomes proprietor of the whole, the servitude then exists on the whole estate, as if he had always been the sole owner.

But if by the licitation the estate be adjudicated to any other of theco-proprietors, the servitude becomes extinct, and the person who granted it is bound to return the price he received for it.

ART. 738.-If a co-proprietor who has established a servitude, sell his undivided portion to a person, who afterwards, by licitation, becomes owner of the whole, he is, like his vendor, bound to permit the exercise of the servitude on the whole estate.

ART. 739.-Servitudes are established by all acts by

« 上一頁繼續 »