Armstrong v. Red River, Atchafalaya & Bayou Bouef Levee Board

In my view, there is a very serious question as to whether LSA-C.C. Article 798 provides for the loss by prescription of the unused portion of the area established by title as subject to a servitude. This article was first adopted in our Civil Code in 1825. There is no corresponding article in the French Civil Codes. According to the Louisiana Legal Archives, Pro jet of the Civil Code of 1825, page 91 (1937), the source of Article 798 is: “Domat, part I, book I, tit. 12, Sec. 6, No. 5; Toullier, Vol. 3, No. 700, page 619.” A study of these sources, particularly Toullier, shows clearly that…