Page images

anciently subsisting between the two estates must not be regarded, because the designation, which the vendor makes of the metes and bounds, forms new limits between the two estates, or between the parts of them which he has sold.

ART. 841.-The limits must be fixed according to the respective titles of the parties; in absence of title, on both sides, possession governs.

ART. 842.-When the parties claim under primitive concessions of their lands, or prove their dates and contents, in case their concessions should be lost, if there be less land than is called for in the different titles, he who has the oldest concession, takes the quantity of land there. in mentioned, the other parties having a right only to the rest.

But this article must be understood lo excepl the case in which the person having a title of later date, may have acquired by prescription the quantity of land mentioned in his concession.

ART. 843.- If the parties claim under simple acts of sale or other acts which can transfer property, without being supported by any anterior concessions, and if they, or the person from whom they acquired their estates, have acquired them from one common proprietor, the preference shall be given to him whose title is of the most ancient date, unless an adverse possession, for a time sufficient to establish prescription, has produced a difference in the situation of the parties.

ART. 844.-If, on the contrary, the parties, or those from whom they have acquired, hold titles from different proprietors, the priority of date of one tille to another', unless it be accompanied by prescription, gives no right of preference to the person holding it, and the case must be determined according to the rules prescribed in the following articles. - ART. 815.-If the titles, exhibited by one of the parties, fix the extent of land which he ought to have, and those exhibited by the other make no mention of the exlent, the first takes the quantity of land mentioned in his title, and the second only takes the excess; uuless the latter establish, by legal proof, or by the possession he has had, the quantity of land to which he is entitled.

ART. 816.-If the titles exhibited do not mention the quantity of land which each person onght to have, or unless it can be established in a legal manner, the limits must be so fixed as to divide the land equally between them..

ART. 817.-If the titles exhibited call for a greater or less extent of land than the land, which is to be bounded, contains, the limits must be so fixed as to divide proportionally among the parties interested the profit or loss resulting from this state of things.

It is understood that the rules prescribed in this and the preceding articles, only take effect in the absence of

possession by one or more of the parties, sufficient lo eslablish prescription.

ART. 848.- Whether the litles, exhibited by the parties, whose lands are to be limited, consist of primitive concessions or other acts by which property may be transferred, if it be proved that the person, whose title is of the latest date, or those under whom he holds, have enjoyed in good or bad faith, uninterrupted possession, during thirty years, of any quantity of land beyond that mentioned in his title, he will be permitted to retain it, and his neighbour, though he have a more ancient Litle, will only have a right to the excess; for if one cannot prescribe against his own title, he can prescribe beyond his title or for more than it calls for, provided it be by Thirty years possession.

ART. 849.-If the boundaries have been fixed according to a common title, or according to different titles, and the surveyor had committed an error in his measure, it can always be rectified, unless the part of the land, on which the error was committed, be acquired by an adverse possession of ten years, if the parties are present, and twenty years, if absent.

ART. 850.-Ifany one sells or alienates a piece of land, from one fixed boundary to another fixed boundary, the purchaser takes all the land between such bounds, although it give him a greater quantity of land than is called for in his title, and though the surplus exceed the twentieth part of the quantity mentioned in his title.

ART. 851.-If any one removes or pulls up bounds, which have been fixed, either provisionally or definitively, without being authorized by a decree of the court, he is liable to an action of damages on the part of the owner whose bounds he has removed or torn up, and may be condemned to place them in the situation they were before.


Of New Works, the erection of which can be

stopped or prevented.

ART. 852.-By a new work is understood every sort of edifice or other work, which is newly commenced on any ground whatever.

When the ancient form of a work is changed, either by an addition being made to it, or by some part of the ancient work being taken away, it is styled also a new work.

ART. 853.-Opposition may be made to every species of new work, from which injury is apprehended, whether the work be in a city or in the country, in places built up or not built up, public or private, conformably to the rules hereinafter prescribed.

ART. 854.--Opposition cannot be made to all works

indiscriminately, but only to those which come under the denomination of new works, such as the constructing of new buildings, or the demolition or destruction of old works.

ART. 855.-Opposition cannot be made to those works, which any one makes for the repairs and support of an old building, if its ancient form be not changed thereby, because, unless this be done, it is not properly a new work.

ART. 856.-Opposition cannot be made to the works, which any one makes for the repairs or cleaning of his canals, spouts, sewers or aqueducts, whatever inconvenience or detriment may result therefrom, because it is for the public interest and safety that these things should be repaired and kept clean.

ART. 857.-Works which have been formerly built on public places, or in the beds of rivers or navigable streams, or on their banks, and which obstruct or embarrass the use of these places, rivers, streams, or their banks, may be destroyed at the expense of those who claim them, at the instance of the corporation of the place, or of

any individual of full age residing in the place where they are situated.

And the owner of these works cannot prevent their being destroyed under pretext of any prescription or possession, even immemorial, which he may have had of it, if it be proved that at the time these works were constructed, the soil, on which they are built, was public, and has not ceased to be so since.

ART. 858.-If the works, formerly constructed on the public soil, consist of houses or other buildings, which cannot be destroyed, without causing signal damage to the owner of them, and if these houses or other buildings merely encroach upon the public way, without preventing its use, they shall be permitted to remain ; but the owner shall be bound, when he rebuilds them, to relinquish that part of the soil or of the public way, upon which they formerly stood.

ART. 859.–The corporations of cities, towns and other places, may construct on the public places, in the beds of rivers and on their banks, all buildings and other works which

may be necessary for public utility, for the mooring of vessels and the discharge of their cargoes, within the extent of the respective limits.

ART. 860.-If any one commence on his own land a building or other new work, which may be of detriment to his neighbour or any other individual, the latter may, in the presence of witnesses, forbid him to continue the work.

ART. 861.-If the person, thus forbidden to continue his works, will not suspend them, the person making the opposition, may apply to the judge in order to have them destroyed at the expense of the person making them, on alleging the injury and detriment the works may cause to him.

ART. 862.-- The plaintiff, who sues in opposition, may obtain from the judge a mandate commanding the defendant to suspend his works until further order, if he affirm under oath, at the foot of his petition, that he has forbidden the defendant to continue his works, and that the construction may cause him injury or damage, and if he give good and sufficient security to the defendant, in such sum as shall be fixed by the judge, to answer for the damage caused to the defendant, in case the opposition should not be well founded.

ART. 863.-Though the judge may have commanded the defendant to suspend his works, he may, in the course of the suit, authorize him to continue them, if he think their continnance will not cause an irreparable injury to the plaintiff, but the defendant will be bound to give good and sufficient security, in such sum as shall be fixed by the indge, to pay any damages, which may be

« PreviousContinue »