Section 2: How easements are established

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.