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Regular Session, 2012
HOUSE BILL NO. 468
BY REPRESENTATIVES ABRAMSON AND THOMPSON
PROPERTY/SERVITUDES : Provides for utilities in the right of passage for enclosed
estates
AN ACT1
To amend and reenact Civil Code Articles 689, 690, 691, 692, 694, 705, and 707 and to2
enact Civil Code Article 696.1, relative to enclosed estates; to provide for the right3
of passage for utilities; to provide for definitions; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Civil Code Articles 689, 690, 691, 692, 694, 705, and 707 are hereby6
amended and reenacted and Civil Code Article 696.1 is hereby enacted to read as follows:7
Art. 689. Enclosed estate; right of passage8
The owner of an estate that has no access to a public road or utility may claim9
a right of passage over neighboring property to the nearest public road or utility. He10
is bound to indemnify his neighbor for the damage he may occasion.11
Art. 690. Extent of passage12
The right of passage for the benefit of an enclosed estate shall be suitable for13
the kind of traffic or utility that is reasonably necessary for the use of that estate.14
Art. 691. Constructions15
The owner of the enclosed estate may construct on the right of way the type16
of road, utility, or railroad reasonably necessary for the exercise of the servitude.17
Art. 692. Location of passage18
The owner of the enclosed estate may not demand the right of passage19
anywhere he chooses. The passage generally shall be taken along the shortest route20 HLS 12RS-752 ENGROSSED
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from the enclosed estate to the public road or utility at the location least injurious to1
the intervening lands.2
* * *3
Art. 694. Enclosed estate; voluntary alienation or partition4
When in the case of partition, or a voluntary alienation of an estate or of a5
part thereof, property alienated or partitioned becomes enclosed, passage shall be6
furnished gratuitously by the owner of the land on which the passage was previously7
exercised, even if it is not the shortest route to the public road or utility, and even if8
the act of alienation or partition does not mention a servitude of passage.9
* * *10
Art. 696.1. Utility11
As used in this Section, a utility is a service such as electricity, water, sewer,12
gas, telephone, cable television, and other commonly used power and13
communication networks required for the operation of an ordinary household or14
business.15
* * *16
Art. 705. Servitude of passage17
The servitude of passage is the right for the benefit of the dominant estate18
whereby persons, animals, utilities, or vehicles are permitted to pass through the19
servient estate. Unless the title provides otherwise, the extent of the right and the20
mode of its exercise shall be suitable for the kind of traffic or utility necessary for21
the reasonable use of the dominant estate.22
* * *23
Art. 707. Servitudes; apparent or nonapparent24
Predial servitudes are either apparent or nonapparent. Apparent servitudes25
are those that are perceivable by exterior signs, works, or constructions; such as a26
roadway, a utility, a window in a common wall, or an aqueduct.27 HLS 12RS-752 ENGROSSED
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Nonapparent servitudes are those that have no exterior sign of their existence;1
such as the prohibition of building on an estate or of building above a particular2
height.3
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Abramson HB No. 468
Abstract: Includes utilities in the right of passage for enclosed estates.
Present law provides that the owner of an estate that has no access to a public road may
claim a right of passage over neighboring property to the nearest public road and that he is
bound to indemnify his neighbor for the damage he may occasion.
Present law provides for the extent, location, and relocation of passage, and the type of
construction reasonably necessary for the exercise of the servitude.
Present law provides that the right for indemnity against the owner of the enclosed estate
may be lost by prescription, but that the accrual of this prescription has no effect on the right
of passage.
Proposed law retains present law and includes utilities in the right of passage for enclosed
estates.
Proposed law defines "utility" as a service such as electricity, water, sewer, gas, telephone,
cable television, and other commonly used power and communication networks required for
the operation of an ordinary household or business.
Present law defines the "servitude of passage" as the right for the benefit of the dominant
estate whereby persons, animals, or vehicles are permitted to pass through the servient estate.
Unless the title provides otherwise, the extent of the right and the mode of its exercise shall
be suitable for the kind of traffic necessary for the reasonable use of the dominant estate.
Proposed law includes utilities in the definition of "servitude of passage".
(Amends C.C. Arts. 689, 690, 691, 692, 694, 705, and 707; Adds C.C. Art. 696.1)