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.
Article 764 active cc book
Burden of proof of use. ACTIVE
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References
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Cited by
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History
- enactment Acts 1977, No. 514, §1