CHAPTER 3–LEGAL SERVITUDES SECTION 1–LIMITATIONS OF OWNERSHIP Art. 659. Legal servitudes; notion. Legal servitudes are limitations on ownership established by law for the benefit of the general public or for the benefit of particular persons. Acts 1977, No. 514, §1.
Art. 660. Keeping buildings in repair The owner is bound to keep his buildings in repair so that neither their fall nor that of any part of their materials may cause damage to a neighbor or to a passerby. However, he is answerable for damages only upon a showing that he knew or, in the […]
Art. 661. Building in danger of falling. When a building or other construction is in danger of falling a neighbor has a right of action to compel the owner to have it properly supported or demolished. When the danger is imminent the court may authorize the neighbor to do the necessary work for which he […]
Art. 662. Building near a wall. One who builds near a wall, whether common or not, is bound to take all necessary precautions to protect his neighbor against injury. Acts 1977, No. 514, §1.
Art. 663. Projections over boundary. A landowner may not build projections beyond the boundary of his estate. Acts 1977, No. 514, §1.
Art. 664. Rain drip from roof. A landowner is bound to fix his roof so that rainwater does not fall on the ground of his neighbor. Acts 1977, No. 514, §1.
Art. 665. Legal public servitudes Servitudes imposed for the public or common utility relate to the space which is to be left for the public use by the adjacent proprietors on the shores of navigable rivers and for the making and repairing of levees, roads, and other public or common works. Such servitudes also exist […]
Art. 666. River road; substitution if destroyed or impassable. He who from his title as owner is bound to give a public road on the border of a river or stream, must furnish another without any compensation, if the first be destroyed or carried away.* And if the road be so injured or inundated by […]
Art. 667. Limitations on use of property Although a proprietor may do with his estate whatever he pleases, still he cannot make any work on it, which may deprive his neighbor of the liberty of enjoying his own, or which may be the cause of any damage to him. However, if the work he makes […]
Art. 668. Inconvenience to neighbor. Although one be not at liberty to make any work by which his neighbor’s buildings may be damaged, yet every one has the liberty of doing on his own ground whatsoever he pleases, although it should occasion some inconvenience to his neighbor. Thus he who is not subject to any […]
Art. 669. Regulation of inconvenience. If the works or materials for any manufactory or other operation, cause an inconvenience to those in the same or in the neighboring houses, by diffusing smoke or nauseous smell, and there be no servitude established by which they are regulated, their sufferance must be determined by the rules of […]
Art. 670. Encroaching building. When a landowner constructs in good faith a building that encroaches on an adjacent estate and the owner of that estate does not complain within a reasonable time after he knew or should have known of the encroachment, or in any event complains only after the construction is substantially completed the […]
Art. 671. Destruction of private property to arrest fire. Governing bodies of parishes and municipalities are authorized to adopt regulations determining the mode of proceeding to prevent the spread of fire by the destruction of buildings. When private property is so destroyed in order to combat a conflagration, the owner shall be indemnified by the […]
Art. 672. Other legal servitudes. Other legal servitudes relate to common enclosures, such as common walls, fences and ditches, and to the right of passage for the benefit of enclosed estates. Acts 1977, No. 514, §1.
