P.R. Laws tit. 12, § 746

2019-02-20 00:00:00+00
§ 746. Extinguishment of aqueduct servitude

A concession of a legal aqueduct servitude on estates belonging to others shall lapse if the grantee shall fail to make use thereof within the period fixed after full payment of the estimated value to the owner of each servient tenement, according to § 734 of this title.

An established servitude shall become extinguished:

(1) By consolidation; that is to say, by the merger in a single person of the ownership of the water and of the lands subject to the servitude.

(2) On the expiration of the period under ten years fixed in the concession of a temporary servitude.

(3) By nonuser for a period of twenty years, either through the inability or negligence of the owner of the servitude, or by reason of acts on the part of the servient owner contrary thereto, without objection on the part of the owner of the dominant tenement.

(4) By condemnation for a cause of public utility.

The use of an aqueduct servitude by any of the co-owners preserves the right for all of them and prevents prescription on account of nonuser.

When a temporary aqueduct servitude is extinguished by the lapse of time and the expiration of the term for which it was granted, the owner thereof shall only have the right to make use of the things in their original condition.

The same shall apply to a permanent aqueduct the servitude of which is extinguished by inability to use it or nonuser.

History —Law of Waters, art. 100.