Servitude of Passage Dispute Over Gate Installation

A property owner sued to have a neighbor remove a gate installed across a private road, arguing the gate prevented necessary access for agricultural machinery, which constituted an obstacle to a servitude of passage. The court of appeal upheld the lower court's decision rejecting the owner's claim, finding that the servitude, established by title, only granted a right of passage for pedestrians and vehicles, and the installation of the gate, which was easily opened, did not render the passage truly impassable or excessively burdensome, thus the owner failed to prove the gate constituted an illegitimate obstruction to the established right of way.