Table of Contents

TITLE IV - OF PREDIAL SERVICES OR SERVICES OF LAND

 

CHAPTER I - GENERAL PRINCIPLES

Art. 1. Predial services or services of land are a charge laid on an estate to the use and utility of another estate belonging to another proprietor.

Art. 2. Services do not establish any pre-eminence of an estate over another.

Art. 3. Services originate either with the natural situation of the place, or with the obligations imposed by law, or with the agreement between several proprietors.

 

CHAPTER II - OF SERVICES WHICH ORIGINATE FROM THE NATURAL SITUATION OF THE PLACE

Art. 4. It is a service due by the estate situated below to receive the waters which run naturally from the estate situated above, provided the industry of man has not been used to create that service.
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 services due by the estate below may be rendered more burthensome.

Art. 5. He who has a spring upon his estate, may use it as he pleases, saving the right which the proprietor below may have acquired by title or by prescription.

Art. 6. Prescription in this case, cannot be acquired but by an uninterrupted enjoyment during the space of thirty years, to begin from the moment when the proprietor has made and completed work intended to facilitate the fall of the course of water through his estate.

Art. 7. The proprietor of the spring cannot change its course when this spring supplies the water that is necessary to the inhabitants of a city or town. But if the inhabitants have not acquired the use of said spring by prescription or otherwise, the proprietor may claim a compensation for this use.

Art. 8. He whose estate borders on running water, may use it as it runs, for the purpose of watering his estate.
He through whose estate this water runs, may make use of it in the space which it runs over, but he is bound to return it to its ordinary channel when it leaves his estate.

Art. 9. Should a contest arise between the proprietors to whom this water may belong, it is the duty of the judge to conciliate the interest of agriculture with the respect due to property.

Art. 10. Every proprietor has a right to run a fence around his estate.

Art. 11. He may compel his neighbors to fix and mark the limits of their contiguous estates.
Said limits are run and stones or posts placed at a joint expense.




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