Servitudes – Apparent and non-apparent predial servitudes

Servitudes – Apparent and non-apparent predial servitudes

Art. 707. Servitudes; apparent or nonapparent. Predial servitudes are either apparent or nonapparent. Apparent servitudes are those that are perceivable by exterior signs, works, or constructions; such as a roadway, a window in a common wall, or an aqueduct. Nonapparent servitudes are those that have no exterior sign of their existence; such as the prohibition of building on an estate or of building above a particular height.

Art. 739. Acquisition by title only. Nonapparent servitudes may be acquired by title only, including a declaration of destination under Article 741.