Parish v. Municipality No. 2

Citations

• 8 La. Ann. 145

Syllabus

<p>Oh an exception that the petition discloses no cause of action, all the facts alleged must be taken as true, provided they are possible, but their legal consequence is presumed to be denied.</p> <p>Servitudes are restraints on the free disposal and use of property, and are, on that account, not entitled to be viewed with favor by the law. lienee servitudes, claimed under titles, are never sustained by implication ; the title creating them must be express as to their nature and extent, as well as to the estate which owes them, and the estate to which they are due.</p> <p>The servitude of view is sometimes considered in law as including the servitude of prospect, as well as that of light. But it may well be doubted whether a servitude of prospect can be established in our modern cities, where the houses are contiguous and no open space, save the streets and public squares, are habitually left, except, perhaps, in the case of adjoining lots. And if it can, the great inconvenience which would result from it, makes it the duty of Courts not to recognize it without an express constitution of it by title, in favor of buildings erected, or to be erected.</p> <p>The right of perpetual front on the river is a new and unusual servitude, which, even if established by the title, would not be recognized; and the authorization of the Legislature to sell a portion of the batture for building lots, 13 conclusive evidence that such servitude would have been against public policy. The same is true as to the servitude of prospect.</p> <p>The Legisla ure has, at all times, aright to change the destination of public places.</p> <p>The law defines servitudes to be charges imposed on an estate for the use and utility of another estate. They, accordingly, terminate when things are in such a situation that the servitudes can no longer be used. (Eostis, C. J.)</p> <p>The legal principle of ownership involves that of exclusive dominion and the right of enjoying and disposing of property ind