§ 9:1257 — Conventional servitude of drain; right of dominant estate owner to enter servient

§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.

Legislative History

Acts 2020, No. 59, §1.