US Lawyer Database

Art. 730. Interpretation of servitude.

Art. 730. Interpretation of servitude. Doubt as to the existence, extent, or manner of exercise of a predial servitude shall be resolved in favor of the servient estate. Acts 1977, No. 514, §1.

Art. 732. Interpretation in the absence of express declaration.

Art. 732. Interpretation in the absence of express declaration. When the act does not declare expressly that the right granted is for the benefit of an estate or for the benefit of a particular person, the nature of the right is determined in accordance with the following rules. Acts 1977, No. 514, §1.

Art. 734. Interpretation; convenience of a person.

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. Acts 1977, No. 514, §1.

Art. 713. Purchaser with reservation of redemption.

Art. 713. Purchaser with reservation of redemption. A purchaser under a reserved right of redemption may establish a predial servitude on the property, but it ceases if the seller exercises his right of redemption. Acts 1977, No. 514, §1.

Art. 714. Co-owner; servitude on entire estate.

Art. 714. Co-owner; servitude on entire estate. A predial servitude on an estate owned in indivision may be established only with the consent of all the co-owners. When a co-owner purports to establish a servitude on the entire estate, the contract is not null; but, its execution is suspended until the consent of all co-owners […]

Art. 715. Exercise of the servitude.

Art. 715. Exercise of the servitude. A co-owner who has consented to the establishment of a predial servitude on the entire estate owned in indivision may not prevent its exercise on the ground that the consent of his co-owner has not been obtained. If he becomes owner of the whole estate by any means which […]

Art. 716. Servitude on undivided part.

Art. 716. Servitude on undivided part. When a co-owner has consented to the establishment of a predial servitude on his undivided part only, the consent of the other co-owners is not required, but the exercise of the servitude is suspended until his divided part is determined at the termination of the state of indivision. Acts […]