Servitudes – Prescription of nonuse

Servitudes – Prescription of nonuse

Art. 753. Prescription for nonuse. A predial servitude is extinguished by nonuse for ten years.

Art. 754. Commencement of nonuse. Prescription of nonuse begins to run for affirmative servitudes from the date of their last use, and for negative servitudes from the date of the occurrence of an event contrary to the servitude. An event contrary to the servitude is such as the destruction of works necessary for its exercise or the construction of works that prevent its exercise.

Art. 755. Obstacle to servitude. If the owner of the dominant estate is prevented from using the servitude by an obstacle that he can neither prevent nor remove, the prescription of nonuse is suspended on that account for a period of up to ten years.

Art. 756. Failure to rebuild dominant or servient estate. If the servitude cannot be exercised on account of the destruction of a building or other construction that belongs to the owner of the dominant estate, prescription is not suspended. If the building or other construction belongs to the owner of the servient estate, the preceding article applies.

Art. 757. Sufficiency of acts by third persons. A predial servitude is preserved by the use made of it by anyone, even a stranger, if it is used as appertaining to the dominant estate.

Art. 759. Partial use. A partial use of the servitude constitutes use of the whole.

Art. 762. Use by co-owner. If the dominant estate is owned in indivision, the use that a co-owner makes of· the servitude prevents the running of prescription as to all. If the dominant estate is partitioned, the use of the servitude by each owner preserves it for his estate only.