2021 Louisiana Laws
Revised Statutes
Title 9 - Civil Code-Ancillaries
§1257. Conventional servitude of drain; right of dominant estate owner to enter servient estate
RS 1257 - Conventional servitude of drain; right of dominant estate owner to enter servient estate
A. A conventional servitude of drain may be acquired by title, by acquisitive prescription, or by destination of the owner.
B. The owner of the dominant estate with a conventional servitude of drain has the right to enter with his workmen and equipment into the part of the servient estate that is needed for the construction or repair of works required for the use or the preservation of the servitude. This includes the removal of obstructions from any waterway on the servient estate through which the right of drain is exercised, and the dredging of the waterway and removal of silt from it. The owner of the dominant estate may deposit materials to be used for the works, and the debris and silt that may result, subject to the obligation of causing the least possible damage and of removing them as soon as possible.
C. The owner of the dominant estate may engage another person to exercise and perform on his behalf the functions authorized by this Section. The engagement may be through contract of employment, mandate, or otherwise. This shall include a drainage district within which his estate is located.
Acts 2020, No. 59, §1.
