---
urn: urn:us-la:rs:9:1287
citation: "R.S. 9:1287"
status: active
breadcrumb: "Title 9 › Code Preliminary Title › Code Book II › Code Title IV › Chapter 3"
acts_citations:
  - { year: 2025, number: 27, section: 2, effective_date: null, role: enactment }
---

# Voluntary alienation or partition

A. When in the case of judicial partition, or a voluntary alienation of an estate or a part thereof, property alienated or partitioned loses access to a utility, a utility servitude shall be furnished gratuitously to the owner and the owner's successors even if it is not the location that otherwise would be selected in accordance with R.S. 9:1285, and even if the act of alienation or partition does not mention a utility servitude.

B. In the case of judicial partition, a utility servitude shall be furnished by the owner of the land on which the utility servitude was previously exercised. In the case of a voluntary alienation, a utility servitude shall be furnished on the estate whose owner caused the enclosure.