Article 1066 Easements are indivisible. If the property of the servant is divided among many owners, the serfdom is not modified, and each of them must tolerate it in the part that corresponds to it. If it is the dominant property that is divided among several, each partner can use the entire easement without varying the place of its use or aggravating it in any other way. However, if the easement has been established in favour of only one of the parts of the dominant property, only the owner of the owner may continue to enjoy it. By making the property of the two qualities in the same person: dominant and servant; and shall not be revived by a new separation, except in the cases provided for in Article 1116; but when the act of assembly is resolved by its very nature, and the fall of the resolution comes, the servitudes will be reborn as they were before the assembly; Article 1059 Easements are continuous or discontinuous; Obvious or not obvious. ARTICLE 1070 All matters relating to public or municipal utility easements are subject to special laws and regulations and, failing that, to the provisions of this title. Article 1067 Servitudes have their origin in the will of man or the law; The former are described as voluntary and the latter as legal. Article 1064 Easements are inextricably linked to the property to which they actively or passively belong. Article 1130 Legal easements constituted in the public or municipal interest are lost for non-use of five years if it is proved that during that period another easement of the same type for which they were used was acquired in another place. ARTICLE 1069 The provisions of articles 1119 to 1127 inclusive apply to legal servitudes. Article 1128 Voluntary servitudes expire:. Article 1100.- If the judge considers that the place indicated is impracticable or very restrictive for the property that exercises control, the owner of the official must indicate another. Article 1101.- If this place is qualified in the same way as the first, the judge will indicate the one he deems most convenient and will try to reconcile the interests of the two characteristics.
Article 1103.- In the servitude of the passage, the width of it will correspond to that which, in the opinion of the judge, meets the needs of the dominant property. Article 1134 The manner in which servitude is used may be prescribed in time and according to the manner in which serfdom itself is used. Article 1060 Those whose use is or may be incessant without any human fact intervening are continuous. ARTICLE 1078 Whoever wants to use the water at his disposal has the right. ARTICLE 1075 The provisions of the preceding article apply in the event that it is necessary to get rid of any property of materials, the accumulation or fall of which prevents the course of water with damage or dangers of third parties. Article 1106.- The owner of a tree or shrub adjacent to the property of another has the right to require the latter to allow him to pick the fruits that cannot be harvested at his side, provided that they have not been or are not used by the right granted in articles 847 and 848; However, the owner of the tree or shrub is responsible for any damage it causes during harvesting. If there are several characteristics in which the passage to the public road can take place, the one that is obliged to facilitate is the one where the distance is the shortest, provided that it is not very inconvenient and expensive to pass through this place. If the distance is the same, the judge determines which of the two properties should take the step. ARTICLE 1076 All owners who participate in the benefit of the works referred to in the preceding articles are required to contribute to the costs of their execution in proportion to their interest and the opinion of the experts. Those who caused the damage through their fault are responsible for the costs. The facilitation of the transition is achieved only by: Article 1131.
The owner of property subject to legal servitude may dispose of it in accordance with the following restrictions: Article 1058 Easement consists in not doing or tolerating. In order for the owner of the property in service to be obliged to perform an act, it must be expressly determined by law or in the act in which the easement was established. Article 1062 These are obviously those announced by external works or signs ordered for their use and exploitation. The waiver of the legal simplification of the process is only valid if it does not conflict with the respective regulations. If the easement is formed in favour of a municipality or a population, the agreement has no effect on the municipality as a whole if it has not been entered into with the intervention of the municipal council on its behalf; but it will lead to measures against each of the persons who have renounced this slavery; If, in order to establish private telephone communication between two or more establishments or to direct electrical energy to an operation, it is necessary to install pylons and lay wires on the land of a foreign establishment, the owner is obliged to make this possible by means of appropriate compensation. This servitude implies the right of passage of people and the right to direct the materials necessary for the construction and surveillance of the line. ARTICLE 1077 If the waters transferred to the property of the servant have become unhealthy because of the domestic or industrial use they make, they must become harmless at the expense of the owner of the dominant property. has been established only in favour of one of the parts of the dominant property, only the owner of the dominant property may continue to participate. ARTICLE 1074 The owner of a property in which there is defensive work to contain water, or in which it is necessary to build new ones due to the variation in the course, is obliged, at his discretion, to carry out or tolerate repairs or constructions, without prejudice to his depreciation of the owners of the immovable property suffering damage or directly exposed, unless special police laws require him to perform the work.