Prescriptive Easement Survival Upon Property Subdivision

In a dispute concerning the ownership of a right of way established by prescription across a neighboring property, the court was asked to determine if a property owner, who had used a path for necessary access for over the prescriptive period, retained the right of way even after the property was divided. The Court of Cassation partially quashed the lower court's decision, reasoning that a right of way created by prescription, necessary for the enjoyment of a dominant estate, persists even if the estate is subsequently subdivided, provided the access remains necessary for at least one of the resulting parcels, as the prescription established the right for the benefit of the land itself, not merely the original owner.