The Legal Servitude of Passage

Article by A. N. Yiannopoulos

Articles 689 through 696 of the Louisiana Civil Code govern claims by owners of enclosed estates for access to a public road. In crafting these articles, the Louisiana Legislature has taken into account considerations of both private utility and public policy. These provisions governing the legal servitude of passage, whose origins can be traced to Roman sources, have analogues in other codes, including the French, German, and Greek. The purpose of this Article is to illustrate the interrelationship of these articles in light of Louisiana jurisprudence and doctrine, and by reference to the schemes of other modern codes and the common law.


About the Author

A. N. Yiannopoulos. Eason-Wienmann Professor of Law, Tulane University Law School.

Citation

71 Tul. L. Rev. 1 (1996)