Toso v. Borne

REDMANN, Judge.

Does the erection of a building above a “servitude of driveway” violate the servitude? We answer that it does not, if it leaves sufficient clearance for the passage of the vehicles intended by the servitude. We therefore affirm the declaratory judgment appealed from by plaintiff.

Defendant’s lot fronts on Veterans highway and plaintiff’s lot abuts its rear, fronting on Quincy street. Prior owners created a 15-foot servitude along one side of both properties for a driveway between Veterans and Quincy.

Plaintiff’s complaint about defendant’s building nine feet above the surface of…