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

PROPERTY 235
162 A servitude is either apparent or unapparent.
An apparent servitude is one the existence of which is
manifested by external works.
An unapparent servitude is one the existence of which is
not disclosed by any external sign.
Section II
Establishment of servitudes
163 A servitude is established by contract, by will, by
destination of owner, by acquisitive prescription, or by the
effect of law.
164 A servitude is constituted by destination of owner when
the servitude is apparent and it has been proven in writing that
the two immoveables currently divided previously belonged to
the same owner who established or maintained, between the
two immoveables, the physical arrangement which constitutes
the servitude.
165 Servitudes created by special law are governed by this
chapter, except where there is inconsistency.
Section III
Rights and obligations of the dominant owner
166 The extent of servitudes, and the rights and obligations
which derive from them, are determined by the title which
establishes them or, if the title is silent, by the rules which
follow.
167 Existence of a servitude entails existence of the means
necessary for its exercise.