RS 9:1287: 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.