Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

234 PROPERTY
If he takes only some of the fruits, or occupies only part
of the house, he contributes in proportion to what he enjoys.
CHAPTER III
REAL SERVITUDES
Section I
General provisions
158 A real servitude is a charge imposed on one immoveable,
called the servient immoveable, in favour of
another, called the dominant immoveable, which belongs to a
different owner.
Under such charge, the servient owner must tolerate
certain acts of usage by the dominant owner, or abstain from
exercising certain rights inherent in ownership.
159 When a servitude includes an obligation to do, the
obligation can only exist as an accessory.
160 A servitude is not affected by any transfer of ownership
of the servient or of the dominant immoveable.
It remains attached to the immoveable, through changes
of ownership, subject to the provisions relating to the publication
of real rights.
161 A servitude is either continuous or discontinuous.
A continuous servitude is one the exercise of which does
not require actual intervention by its holder, such as a
servitude of view, of water conduits, or of the prohibition
against building.
A discontinuous servitude is one the exercise of which
requires actual intervention by its holder, such as a servitude
of passage.