Affirmation of Right of Passage by Destination of Owner

A building owner, having sold a property subject to a servitude allowing the buyer and subsequent owners access across a specific part of the remaining land to reach a public road, later refused access, leading the new owner to sue for the affirmation of the established right of passage. The court upheld the servitude, reasoning that a right of passage established by destination of the original owner, where the apparent use of one part of a property for the benefit of another part is evident at the time of the property's division and sale, automatically transfers to the new owner, creating an indivisible and perpetual servitude enforceable against the seller's retained property.