Predial Servitudes Flashcards
What exactly is a predial servitude?
A charge on a servient estate for the benefit of a dominant estate. Must be different owners.
How are conventional servitudes established?
(1) by title, an agreement
(2) destination of owner, special kind of relationship, one time owned by the same owner
(3) acquisitive prescription (only for apparent)
What kinds of conventional servitudes are there?
affirmative and negative, apparent and non apparent.
what does affirmative and negative mean?
Affirmative give rights to owner of dominant estate to do something to the servient estate, right of way, drain, support.
Negative imposes on the owner of the servient to abstain from doing something on his estate, like building height restrictions, or types of business.
What does apparent and non apparent mean?
Apparent are those perceivable by exterior signs, such as road, window in common wall, constructions.
Non-apparent that have no exterior sign, like prohibition on building above a certain height
Who does the presumption go to in case of doubts about the servitude
in favor of the servient estate
How can you tell the right is a servitude
(1) magic language “successors and its assigns
(2) some sort of benefit to dominant estate
(3) a purpose
Is a servitude binding on subsequent purchases?
Yes. its a real right that follows the property. Even if subsequent sales do not mention the servitude, the servitude will remain it was properly filed in the registry of conveyance records in the Parish where the immovable is located.,
what does this destination of owner mean?
Destination of the owner is a relationship established between two estates owned by a same owner that would be a predial servitude if it belonged to different owners.
Can servitudes be establish be acquisitive prescription?
yes, but only apparent servitudes. Nonappartent do not prescribe because they cannot be openly possessed or enjoyed
How long for AP for servitudes?
10 and 30 years, just like for immovables
Does the dominant estate have the right to enter the servant estate?
Yes, for repairs of the servitude, but he must cause the least possible damage and interference.
What if the servitude becomes super inconvenient for the servant estate?
He may move it to a equally more convenient location at his expense
What if one the estates is destroyed.
The servitude is extinguished.
Does it prescribe for nonuse?
Yes, after 10 years?
