Article 764

Burden of proof of use. ACTIVE

When the prescription of nonuse is pleaded, the owner of the dominant estate has the burden of proving that he or some other person has made use of the servitude as appertaining to his estate during the period of time required for the accrual of the prescription.

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References

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Cited by

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History

  • enactment Acts 1977, No. 514, §1

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Cite Article 764

Bluebook
La. Civ. Code art. 764 (2026).
Permalink
https://theusufruct.com/cc/764
BibTeX
@misc{lacivcode-art-764,
  title        = {La. Civ. Code art. 764},
  howpublished = {Louisiana Civil Code},
  year         = {2026},
  url          = {https://theusufruct.com/cc/764},
  note         = {Snapshot 2026-05-22}
}