Landlocked Property Owner Fails to Establish Compulsory Servitude of Passage
Synthèse Legislator
Généré par l'IAA property owner sued to have a servitude of passage established across a neighboring property, arguing that their plot, currently landlocked following a division of a larger estate, required access for its full utilization, despite the neighbor claiming prescriptive rights to the existing path based on a concession made for agricultural needs. The court rejected the appeal, finding that the servitude established by the neighbor was merely a concession for specific, limited agricultural use and did not meet the legal requirement of an absolute necessity needed to establish a compulsory right of way, as the owner had not exhausted all other possible means of access.
Regeste Legislator
Généré par l'IALandlocked Property Owner Fails to Establish Compulsory Servitude of Passage: The court rejected the appeal, finding that the servitude established by the neighbor was merely a concession for specific, limited agricultural use and did not meet the legal requirement of an absolute necessity needed to establish a compulsory right of way, as the owner had not exhausted all other possible means of access.