Patout v. Lewis

Citations

• 51 La. Ann. 210
• 25 So. 134
• 1899 La. LEXIS 389

Syllabus

<p>Syllabus.</p> <p>*(1.) It is not necessary in an act creating- a servitude that the accessory rights required to carry it into effect, and without which it would be of no value on service, nor the obligations resulting- from these rights should be mentioned. '.They accompany and pass with the contract as incidents thereof.</p> <p>(2.) Á person consenting to a servitude upon his land thereby consents to a right of access to and from, and a right of passage to and from the land subjected to the servitude in order to give effect to the servitude to the exi tent, and in the manner known to and contemplated by the parties. I-Ieto whom a conventional servitude is due has the right to make all the works necessary to use and preserve the same. He has the right to place a gate in the boundary fence, if one be necessary to reach the grounds, and insist that it be not removed and access to the lands barred.</p> <p><3.) It is the duty of the owner of the estate which owes the servitude to fix the place where lie wishes it to be exercised when the manner in which the servitude is to be used is uncertain, and the place which is proper for the exercise of the right is not precisely fixed in the title.</p> <p>(4.) When the right of building and operating a tramway and switch has been granted, and the owner of the land has consented to the use of the land at the end of the switch for the purpose of dumping cane to be thence loaded on cars, and the tramway and switch have been constructed and a dumping ground has been used at a certain place and in a certain manner for several .•years to the knowledge of all parties — the owner of the land cannot ignoro ;the fixed condition of affairs in which he has acquiesced, and to which he has ;by his conduct consented, and take down and remove the gate giving access : to the grounds, and bar entrance to the latter under a claim that the switch •and dumping ground were improperly located and rights to the servitude had been forfeited for non-