Servitude of Passage Established by Destination du Père de Famille: Requirement of Visible Sign at Moment of Division

A property owner initiated proceedings to enforce a servitude of passage, which the lower court had recognized as established by destination du père de famille, even though the land had been divided subsequently, finding that the prerequisite visible sign of service existed at the time of the division. The highest court partially overturned the decision, reasoning that the establishment of such a servitude requires that the visible sign of service must exist at the precise moment the property is divided, which the lower court failed to adequately establish with its finding based only on the existence of the sign *at the time of the dispute*, not at the time of severance.