SECTION 3–ACQUISITION OF CONVENTIONAL SERVITUDES FOR THE DOMINANT ESTATE Art. 735. Persons acquiring servitude. A predial servitude may be acquired for the benefit of the dominant estate by the owner of that estate or by any other person acting in his name or in his behalf. Acts 1977, No. 514, §1.
Art. 736. Capacity to acquire servitude. An incompetent may acquire a predial servitude for the benefit of his estate without the assistance of the administrator of his patrimony or of his tutor or curator. Acts 1977, No. 514, §1.
Art. 737. Renunciation of servitude by owner of dominant estate. The owner of the dominant estate may renounce the contract by which a predial servitude was acquired for the benefit of his estate, if he finds the contract onerous, and if the contract was made without his authority or while he was incompetent. Acts 1977, […]
Art. 738. No revocation by grantor. The grantor may not revoke the servitude on the ground that the person who acquired it for the benefit of the dominant estate was not the owner, that he was incompetent, or that he lacked authority. Acts 1977, No. 514, §1.
Art. 739. Acquisition by title only. Nonapparent servitudes may be acquired by title only, including a declaration of destination under Article 741. Acts 1977, No. 514, §1. Amended by Acts 1978, No. 479, §1.
Art. 740. Modes of acquisition of servitudes. Apparent servitudes may be acquired by title, by destination of the owner, or by acquisitive prescription. Acts 1977, No. 514, §1.
Art. 741. Destination of the owner. Destination of the owner is a relationship established between two estates owned by the same owner that would be a predial servitude if the estates belonged to different owners. When the two estates cease to belong to the same owner, unless there is express provision to the contrary, an […]
Art. 742. Acquisitive prescription. The laws governing acquisitive prescription of immovable property apply to apparent servitudes. An apparent servitude may be acquired by peaceable and uninterrupted possession of the right for ten years in good faith and by just title; it may also be acquired by uninterrupted possession for thirty years without title or good […]
Art. 743. Accessory rights. Rights that are necessary for the use of a servitude are acquired at the time the servitude is established. They are to be exercised in a way least inconvenient for the servient estate. Acts 1977, No. 514, §1.
