Servitudes – Confusion

Servitudes – Confusion

Art. 765. Confusion. A predial servitude is extinguished when the dominant and the servient estates are acquired in their entirety by the same person·.

Art. 766. Resolutory condition. When the union of the two estates is made under resolutory condition, or if it cease by legal eviction, the servitude is suspended and not extinguished.

Art. 768. Confusion; separate and community property. Confusion does not take place between separate property and community property of the spouses. Thus, if the servient estate belongs to one of the spouses and the dominant estate is acquired as a community asset, the servitude continues to exist.

Art. 769. Irrevocability of extinction by confusion. A servitude that has been extinguished by confusion may be reestablished only in the manner by which a servitude may be created.

Art. 770. Abandonment of servient estate. A predial servitude is extinguished by the abandonment of the servient estate, or of the part on which the servitude is exercised. It must be evidenced by a written act. The owner of the dominant estate is bound to accept it and confusion takes place.