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not have been married at the time this right was granted to him.

Art. 637.-The right of habitation is confined to what is necessary for the habitation of the person and of the family of the person to whom the right of use or habitation is granted.

But nothing prevents him, who enjoys the right of habitation, from receiving in the house, or the part of it which has been assigned to him, friends, guests or even boarders, provided he inhabits it himself.

ART. 638.—The word family, made use of in this chapter, is to be understood of the wife, children and servants of the person to whom the right of use or habitation is granted.

ART. 639.—The right of habitation can neither be transferred, let nor given to any one else; it is, as well as the use, exclusively a personal right.

ART. 640.-He who has the use, and he to whom the right of habitation has been granted, are bound to use those things of which they have the possession and enjoyment, as prudent administrators would do, and to restore them to the owners at the expiration of their terms, in the condition they received them, and not injured by their neglect or fraud. ART. 641.-If the

who has the

use, consumes all the fruits of the estate for his wants, or if he occupies the whole house, he is bound to defray the expenses. of cultivation and plantation work : he is liable to the ordinary repairs, to the payment of taxes, and to the other annual charges in the same manner as the usufructuary is.

But if he receives only a part of the fruits of the estate, or if he occupies only a part of the house, he contributes his share of said expenses, in proportion to what

he enjoys.


Of Predial Servitudes or Servitudes of Land.


General Principles.

ART, 642.-All serviludes which affect lands may be divided into two kinds, personal and real. Personal servitudes are those attached to the

person for whose benefit they are established, and terminate with his life. This kind of servitude is of three sorts, usufruct, use and habitation:

Realservitudes, which are also called predial or landed servitudes, are those which the owner of an estate enjoys on a neighboring estate for the benefit of his own estate.

They are called predial or landed servitudes, because being established for the benefit of an estate, they are rather due to the estate than to the owner personally.

This kind of servitude forms the subject of the present title.

ART. 643.-A real or predial servitude is a charge laid on an estate for the use and utility of another estate belonging to another proprietor. ART. 644.-From the definition contained in the

preceding article it follows, that to establish a predial or real servitude, there must first be two different estates, one of which owes the servitude to another.

If then a stipulation be made of a servitude in favour of a person, and not in favour of an estate, the obligation will not be null on that account, but it will not create a real servitude.

ART. 615.-It is necessary, in the second place, that these two estates belong to two different persons, for if they are both the property of one person, the application which the owner makes of one to the advantage of the other, is not called a servitude, but a disposition of the owner, which will be explained hereafter.

ART. 646.-It is necessary, in the third place, that the servitude have for its object the use or benefit of the estate, in favour of which it is established.

But it is not necessary that this benefit exist at the time of the contract; a mere possible convenience or remole advantage is sufficient to support a servilude.

In order to render a servitude null, it is not enough that it should appear to be useless, it must be shown that at no time, and under no circumstances, it can possibly become useful to the person in whose favour it is enacted.

ART. 647.-Predial servitudes, being due from one estate to another, it commonly happens that these estates are in the same neighborhood.

Nevertheless this neighborhood is not a condition essential to the existence of the servitude.

Nor is it necessary that the estale, which owes the servitude, and that to whom it is due, be contiguous ; it suffices that they be sufficiently near, for one to derive benefit from the service in the other.

ART. 648.–A servitude is an incorporeal right which cannot exist without the estate to which it belongs, and of which it is an accessory.

ART. 649.-Servitudes being essentially due from one estate to another for the advantage of the latter, they remain the same as long as no change takes place in regard to the two estates, whatever change may take place in the owners.

ART. 650.-Servilude is a right so inherent in the estate to which it is due, that the faculty of using it, coosidered alone and independent of the estale, cannot be given, sold, let or mortgaged without the estate to

pass to the

which it appertains, because it is a servitude which does not

person but by means of the estate. ART, 651.-One of the characteristics of a servitude is, that it does not oblige the owner of the estate subject to it to do any thing, but to abstain from doing a particular thing, or to permit a certain thing to be done on bis estate.

ART. 652.—The rights of servitudes, considered in themselves, are not susceptible of division, neither real nor imaginary. It is impossible that an eslale should have upon another estate part of a right of way, or of view, or any other right of servitude, and also that an estale be charged with part of a servilude.

The use of a right of servitude may be limited to cerlain days or hours; but thus limited it is an entire right, and not part of a right.

From thence it follows that a servilude existing in favour of piece of land, is due to the whole of it, and to all the parts of it, so that if the land be sold in parts, every purchaser of a part has the right of using the servilude in toto.

ART. 653.—Though the right of servitude be indivisible, and must be established for the whole, and not for a part, nothing prevents the advantage resulting from it from being divided, if it be susceptible of division; as for example, the right of taking a certain number of loads of earth from the land of another, or of sending to paslure a certain number of animals on the land of another.

ART. 654.-The part of an estate upon which a servitude is exercised, does not cease to belong to the owner of the estate; he who has the servitude has no right of property in that part, but only the right of using it.

Hence the soil of public roads belongs to the owners of the land on which they are made, though the public has the use of them; the owners of the land cannot change the roads except in conformity with the regulations of the police established on this subject.

ART. 655.-Servitudes arise either from the natural situation of the place, from the obligations imposed by law, or from contract between the respective owners.


Of Servitudes which originate from the natural

situation of the place. ART. 656.-It is a servitude due by the estate situated below to receive the waters which run naturally from the estate situated above, provided the industry of mon has not been used to create that servitude.

The proprietor below is not at liberty to raise any dam, or to make any other work, to prevent this running of the water.

The proprietor above can do nothing whereby the natural servitude due by the estate below may

berendered more burthensome.

ART. 657.--He whose estate borders on running water, may use it as it runs, for the purpose of watering his eslate, or for other purposes.

He through whose estate water runs, whether it originates there or passes from lands above, may make use of it, while it runs over his land; but he cannot stop nor give il another direction, and is bound to return it to its ordinary channel, where it leaves his estate.

ART. 658.-Every proprietor has a right lo make an inclosure around his lands.

ART. 659.--He may compel his neighbors to fix and mark the limits of their estates which are contiguous to his.

The limits are established, and boundary stones or posts placed at their joint expence.

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