On Predial Servitudes, Civil Law Institutions and Common Law Attitudes—Apropos of Yiannopoulos' Predial Servitudes

Book Review by Boris Kozolchyk

It is not every day that one is afforded the opportunity to review a book on such a seemingly mysterious subject as predial servitudes. Adding to the topic's mystery, Professor Yiannopoulos, in his Predial Servitudes, describes a ‘predial servitude’ as ‘dismembered’ ownership. Yiannopoulos further asserts that the Louisiana Civil Code of 1870 dealt with predial servitudes as permissible dismemberments of ownership, which he, in turn, defines as ‘real rights which, by their nature, confer direct and immediate authority over a thing belonging to another person.’ Correlative to the dominant estate's rights are the ‘real obligations' imposed by the Louisiana Civil Code on the owner of the immovables burdened by such rights. These immovables are also known as ‘servient estates.’ At this point, the common-law reader sighs with relief. This is a book about easements, burdens, and covenants running with or on the land both in Louisiana property law and in that of sister states and comparable civil-law jurisdictions.


About the Author

Boris Kozolchyk.

Citation

59 Tul. L. Rev. 517 (1984)