Servitude Damages Limited to Actual Prejudice

A property owner sought to contest a servitude of passage granted to an adjoining landowner, arguing that the required payment for the right of way was inadequate as it did not account for the depreciation in value of the servient estate, particularly concerning the remaining portion of the property. The court, however, affirmed the lower court's decision, reasoning that the assessment of damages for the establishment of a compulsory servitude of passage must be limited to the prejudice effectively caused to the servient property, which encompasses the value of the occupied land and compensation for any damage resulting from the servitude, thereby confirming that the payment need not cover hypothetical future depreciation of the entire remaining estate.