Article 1401

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 9322/2552 (2009) ★ Monument

   Servitude by prescription under section 1401 requires actual, continuous, open use of the servient land with intent to acquire the right: mirroring the adverse possession standard of section 1382.

   Acquisition of a servitude by prescription under section 1401 read with section 1382 requires the dominant owner to use the servient land peacefully, openly, and with the intent to acquire the servitude right; the key factor is actual, continuing use of the servient land by the dominant owner.

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2. Arrêt de la Cour suprême n° 6459/2551 (2008)

   A servitude acquired by prescription before the land was sold binds the subsequent purchaser even if that purchaser bought in good faith at a court auction.

   Although the plaintiff purchased the land at a court auction in good faith, the defendant had already used the land continuously, openly, and with owner's intent for more than ten years before the plaintiff's acquisition; the defendant had therefore acquired a servitude by prescription under section 1401 which bound the plaintiff.

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3. Arrêt de la Cour suprême n° 4000/2548 (2005)

   Use of a path with the owner's consent does not satisfy the adversity requirement of section 1382 as applied via section 1401; no prescriptive servitude arises from consented use.

   The plaintiff had used the disputed path with the original owner P's consent; the court held that use with the owner's consent is not adverse use under section 1382 as applied by section 1401, and therefore the plaintiff had not acquired a servitude by prescription.

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Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.