Apparent Servitude Law and Legal Definition

Apparent servitude means a predial servitude that is evidenced by exterior signs or constructions, such as a roadway. In other words apparent servitudes are those that are perceivable by exterior works such as a door, a window, or an aqueduct. An apparent servitude comes into existence of right when the estates cease to belong to the same owner.

A servitude, the exercise of which necessitates the permanent maintenance of a railroad, consisting of roadbed, crossties, rails, bridges, etc., of which the dominant estate has the exclusive use, and of which the servient estate has only the burden, is a continuous, apparent servitude. [Kelly v. Pippitone, 12 La. App. 635 (La. Ct. App. 1930)]