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is considered as a boundary inclosure, unless there be but one of the estates inclosed, or unless there be some title or proof to the contrary,
ART. 685.-Every ditch between two estates shall be supposed held in common, unless there be a voucher or proof to the contrary.
ART. 686.-A ditch held in common is to be kept at the expense of the two contiguous proprietors.
ART. 687.-Every proprietor in the cities, towns or suburbs of this state, is forbidden to plant on the boundary line which separates his estate from that of his neighbor, trees wich may be of any injury whatsoever to his neighbor.
And if his neighbor suffers any damage from them, he can oblige the owner to have them torn up or the branches of them cut off, which extend over his estate.
If the roots only extend themselves on his estate, the neighbor has the right to cut them up himself.
Of the distance and of the intermediary works re
quired for certain Buildings. ART. 688.-He who wishes to dig a well or a necessary, to build a chimney, or hearth, a forge, an oven, á furnace or stable, to put up shelves or to store salt or other corrosive substances near a wall, whether held in common or not, is bound to leave the distance, and to cause to be made the works prescribed by the regulations of the police, in order that his neighbor be not injured thereby
And if there be no regulations of police upon all or any of these subjects, he shall conform to the following rules, in cases which have not been foreseen.
ART. 689.-He who wishes to build a chimney or hearth against a wall held in common, is bound to make
a double wall of brick or other proper materials six inches thick.
ART. 690.--He who wishes to build an oven, a forge or a furnace against the wall held in common, is bound to leave half a foot interval and vacancy betwixt such wall and that of his oven, forge or furnace, and this last wall must be one foot thick.
ART. 691.-He who wishes to dig a necessary or a well against a wall, whether held in common or not, is bound to build another wall one foot thick; and when there is a well on one side and a necessary on the other, there shall be four fect masonry betwixt the two, including the thickness on both sides; but between two wells three feet interval are sufficient.
Of Sights on the Property of a neighbor. ART. 692.-One neighbor cannot, without the consent of the olher, open any window or aperture through the wall held in common, in any manner whatever, not even with the obligation, on his part, to confine himself to lights, the frames of which shall be so fixed within the wall that they cannot be opened.
ART. 693.-No one shall build galleries, balconies or other projections on the border of an estate, so that they extend beyond the boundary line, which separates it' from the adjoining estates.
Of the nianner of carrying off rain from the Roof.
ART. 694.-Every proprietor is bound to fix his roof .so that the rain water fall upon his own ground, or on the public road. He has no right to cause the same to fall on his neighbor's ground.
SECTION v. Of the right of Passage and of Way. ART. 695.-The proprietor, whose estate is inclosed, and who has no way to the public road, may claim the right of passage on the estate of his neighbors for the cultivation of his estate, but he is bound to indemnify them in proportion to the damage he may occasion.
ART. 696.–The owner of the estate, which is surrounded by other lands, has no right to exact the right of passage from which of his neighbors he chooses.
The passage shall be generally taken on the side where the distance is the shortest from the inclosed estate to the public road.
Nevertheless it shall be fixed in the place the least injurious to the person on whose estate the passage is granted.
ART. 697.-It is not always the owner of the land which affords the shortest passage, who is obliged to suffer the right of passage ; for if the estate, for which the right of passage is claimed, has become inclosed by means of sale, exchange or partition, the vendor, coparcener or other proprietor of the land reserved, and upon which the right of passage was before exercised, is bound to furnish the purchaser or owner of the land inclosed, with a passage gratuilously, and even when it has not been sold or transferred with the rights of servitude.
ART. 698.-A passage must be furnished to the owner of the land surrounded by other lands, not only for himself, his slaves and workmen, but for his animals, carts, instruments of agriculture, and every thing which may be necessary for the use and working of his land.
ART. 699.-When the place for the passage is once fixed, he to whom this servitude has been granted, cannot change it, but he who owes this servitude, may change it from one place to another, in order that it may
be less inconvenient to him, provided that it afford the same facility to the proprietor of the servitude.
ART.700.-Roads are of two kinds, public and private.'
ART. 701.-Public roads are those which are made use of as high roads, which are generally furnished and kept up by the proprietors of estates adjacent to them.
ART, 702.-Private roads are those which are only open for the benefit of certain individuals to go from and to their homes, for the service of their lands, and for the use of some estates exclusively.
ART. 703.--He who from his title as owner is bound to give a public road on the border of a river or stream, must furnish another without any compensation, if the first be destroyed or carried away.
And if the road be so injured or inundated by the water, without being carried away, that it becomes impassable, the owner is obliged to give the public a passage on his lands, as near as possible to the public road, without any recompense therefor.
ART. 704.-The action of indemnification, granted against the person who claims the passage, may be barred by prescription, and the passage shall be continued, although the action in indemnification be no longer maintainable.
Of Conventional or Voluntary Servitudes.
SECTION 1. Of the different kinds of Conventional or Voluntary
ART. 705.—Proprietors have a right to establish on their estates, or in favour of their estates, such servitudes as they deem proper: Provided nevertheless, that the services be not imposed on the person or in favour of the
person, but only on an estate or in favour of an estate; and provided moreover, that such services imply nothing contrary to public order.
The use and extent of servitudes thus established, are regulated by the title by which they are granted, and if there be no title, by the following rules:
ART. 706.-All servitudes are established either for the use of houses or for the use of lands.
Those of the first kind are called urban servitudes, whether the buildings to which they are due be situated in the city or in the country.
Those of the second kind are called rural servitudes.
ART. 707.-The principal kinds of urban servitudes are the following:
The right of support; that of drip; that of drain or of preventing the drain; that of view or for lights, or for preventing the view or lights from being obstructed; that of raising buildings or walls, or of preventing them from being raised; that of passage, and that of drawing water.
· ART. 708.-The right of support is one by which a proprietor stipulates that his neighbour shall be bound to permit that his house or his timbers should rest on the wall of his neighbour.
In these servitudes, the owner of the estate subject to them is bound to keep his wall in a condition to bear them, unless the contrary has been agreed upon; but he may relieve himself from this charge by abandoning his wall.
The servitude, by which one is permitted to project works over the estate of his neighbour, is of the same kind.
ART. 709.-Every proprietor is bound so to construct his roofs that the rain falling on them should not fall on the land of his neighbour, but on his own or the public way.
This falling of water gives rise to the servitude of drip.