Bernos v. Canepa

Citations

• 114 La. 517
• 38 So. 438
• 1905 La. LEXIS 497

Syllabus

<p>EASEMENTS — ESTABLISHMENT—VIEW AND DEEP —OBSTRUCTION—DAMAGES.</p> <p>1. The owner of real estate has the right to establish on that portion which he retains, and in favor of that portion which he sells, such servitudes as he thinks proper, his power in that respect being limited only by considerations of public policy; and the use and extent of such servitudes are regulated by the title by which they are established.</p> <p>2. The servitudes of view and drip, when established merely by the destination du pere de famille, and without specific title, do not include the prohibition of building upon the adjoining property, which, being a continuous, nonapparent servitude, can be established only by title. When, however, the servitudes first mentioned are established by the owner by specific title, that last mentioned is included.</p> <p>3. When the violation of the right of property is flagrant and malicious, exemplary damages should be awarded.</p> <p>(Syllabus by the Court.)</p>