Servitude Obstruction and Right of Maintenance

A property owner who had granted a right of servitude for a sewer drain across their land to a neighboring property later attempted to block the use of the drain by erecting a structure, leading the beneficiary of the servitude to sue for obstruction. The court upheld the lower court's decision, reasoning that the right of servitude, established either by title or by prescription, grants the beneficiary the faculty to perform all necessary acts for the exercise and preservation of the right, which includes the ability to enter the servient property to maintain or use the drain as intended by the servitude's creation, and thus the obstruction constituted an unlawful interference with a vested property right.