Explanation of Article 702
This article addresses the right of passage, which is the right of the owner of a property that is enclosed from the public road to obtain a passage through land owned by another to reach the public road. The first paragraph of the article states that when the right of passage is established on a property for the benefit of another property, the owner of the property over which the easement is established cannot prevent the owner of the dominant property from passing over his land.
The right of passage may be acquired by a specific statutory provision, as stated in the following article (703), and its use in this case is subject to the restrictions mentioned in that article and the provisions established in this section. The right of easement may also be acquired like other easement rights through statutory disposition; for example, if the landowner arranges a right of passage on his land for the benefit of another property owned by another owner in exchange for a monetary amount. The right of passage may also be acquired as an accessory to the ownership of the dominant property by any means of acquiring ownership, and the right in this case is subject to the rules established in the document of its creation, the prevailing custom, and the provisions mentioned in this section.
The second paragraph states that the right of passage is not established merely by the landowner's permission to pass over his land as a matter of tolerance and permissiveness. For example, the mere permission of the landowner for his neighbor to pass over his land does not indicate that he intended to grant the neighbor this right. It is common in people's dealings, especially in large agricultural lands, for the landowner to allow neighboring landowners to pass over his land to shorten the path or facilitate access. This permission is not considered an implicit agreement to grant them this right, and he may revoke this permission and prevent them from passing whenever he wishes.
Related To
Article 702
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If a person has a right of way over a land owned by another person, the owner of such land may not prevent him from exercising such right.
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Permission of passage on the basis of tolerance shall not establish a right of way.