A predial servitude of drain was established by an authentic act recorded in the parish conveyance records 20 years ago. The current owner of the servient estate claims the servitude has been extinguished because neither he nor the previous owner has seen it used in over 15 years. Under Louisiana law, which analysis is most accurate?
Correct Answer
A) The servitude is extinguished because non-use for 10 years extinguishes predial servitudes under the Civil Code
Under Louisiana Civil Code Art. 753, a predial servitude is extinguished by non-use for 10 years. This applies to both continuous and discontinuous servitudes. A servitude of drain (écoulement) that has not been used for more than 10 years is subject to extinction by prescription of non-use. The 10-year period runs from the last use of the servitude.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A freehold estate represents ownership of real property with an indefinite duration.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
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