Easements are established either for the use of buildings, or for the use of land. Those of the first kind are called “urban”, whether the buildings to which they are due are situated in the town or in the country. Those of the second kind are called “rural”.
Easements are either continuous or discontinuous. Continuous servitudes are those whose use is or can be continuous without needing the actual act of man: such are water pipes, sewers, views and the like of this kind. Discontinuous servitudes are those which need the actual act of man to be exercised: such are rights of way, drawing, grazing and the like.
Easements are either apparent or non-apparent. Apparent easements are those which are announced by external works, such as a door, a window, an aqueduct. Non-apparent easements are those which have no external sign of their existence, such as, for example, a prohibition on building on a piece of land, or on building only to a specific height.
Continuous and apparent easements are acquired by title, or by possession for thirty years.
Continuous servitudes which are not apparent, and discontinuous servitudes which are apparent or not apparent, can only be established by title. Even immemorial possession is not sufficient to establish them, although servitudes of this kind already acquired by possession, in countries where they could be acquired in this way, cannot now be attacked.
The destination of the father of the family is equivalent to title in respect of continuous and apparent easements.
There is a destination of the father of the family only when it is proved that the two pieces of land currently divided belonged to the same owner, and that it was by him that things were put in the state from which the easement results.
If the owner of two hereditaments between which there is an apparent sign of an easement, disposes of one of the hereditaments without the contract containing any agreement relating to the easement, it continues to exist actively or passively in favour of or on the land disposed of. .
The title constituting the servitude, in respect of those which cannot be acquired by prescription, can only be replaced by a title recognising the servitude, and emanating from the owner of the servient land.
When one establishes an easement, one is supposed to grant all that is necessary to use it. Thus the easement to draw water from another’s fountain necessarily carries with it the right of way.
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is a Registered Trademark of
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75001, Paris France
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