Levet v. Lapeyrollerie
Supreme Court of Louisiana
APPEAL from the Twenty-sixth District Court for the Parish of St. John the Baptist. Host, J. Servitudes are divided into two classes: personal and real. O- C. 646. A personal servitude is oue established for the benefit of a person, such as usufruct, use, habitation and antichresis. A real servitude is one established on an estate for the benefit of another estate. Examples: right of drainage, right of pasturage, right of watering.
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APPEAL from the Twenty-sixth District Court for the Parish of St. John the Baptist. Host, J. Servitudes are divided into two classes: personal and real. O- C. 646. A personal servitude is oue established for the benefit of a person, such as usufruct, use, habitation and antichresis. A real servitude is one established on an estate for the benefit of another estate. Examples: right of drainage, right of pasturage, right of watering. C. O. 72J. Servitudes are continuous or discontinuous, apparent or uon-apparent. A servitude of (hainago is continuous and apparent. C. C. 727, 728. It can he…
1Opinion of the Court
Tlie opinion of the Court was delivered by
Fenner, J.
This ease involves the claim to a servitude of drain, and the following diagram exposes the situation of the estates concerned :
The, facts are as follows :
In 1866 the partnership of Levet & Lapeyrollerio acquired the tract A. In 1867 the same partnership acquired the tract C.
*213, In the same year J. M. Lapeyrollerie, a member of said partnership, became the individual owner of the tract B.
The natural drainage of tract C was to the rear, but the owners of the rear lands having obstructed the same, in 1871 the partnership of Levet &…
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- Hale v. HulinLouisiana Court of Appeal · 1961
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