Ribet v. Howard

Citations

• 109 La. 113
• 33 So. 103
• 1902 La. LEXIS 117

Syllabus

<p>PARTY WALLS — EASEMENTS—LIGHT AND AIR-DESTINATION — NONAPPARENT SERVITUDES.</p> <p>1. Where a wall of a brick house rests partly upon urban lot B and partly upon urban lot A, as walls in common are usually constructed, but there is no evidence as to when or by whom the house was built, or by whom the wall was paid for, it will not be assumed that the owner of the lot adjoining that upon which the house stands has forfeited his right to make such wall a wall in common, or that the same is barred by prescription.</p> <p>2. In such case, where it appears that a former owner acquired the two lots at different times, and that his successors in title adjudicated lot B, at the same public offering, to one purchaser and lot A to another, there is no servitude of light or view established in favor of the opening in the wall of the house on lot B, but the purchaser of lot A acquires the rights of the original owner with respect to making such wall a wall in common, and to building to suit himself within the limits of his lot.</p> <p>3. Even assuming that the relation between the two lots had been established by the vendors, the destination made by the owner is equivalent to title with respect only to continuous apparent servitudes, whilst the prohibition of building on an estate is a nonapparent servitude, and, whether continuous or discontinuous, can be acquired only by title.</p> <p>(Syllabus by the Court.)</p>