437. A right of use is a right to enjoy a thing belonging to another and to take the fruits thereof, but only to the extent of the requirements of the user and of his or her family.
When applied to a house, right of use is called right of habitation.
438. Rights of use and habitation are established only by the will of man, by deed inter vivos or by last will.
They cease in the same manner as usufruct.
439. These rights cannot be exercised without previously giving security, and making statements and inventories as in the case of usufruct.
440. He who has a right of use or of habitation, must exercise it as a prudent administrator.
441. Rights of use and of habitation are governed by the title which creates them, and are more or less extensive according to its dispositions.
442. If the title be not explicit as to the extent of these rights, they are governed as follows.
443. He or she who has the use of land is only entitled to so much of its fruits as is necessary for his or her own wants and those of his or her family.
He or she may also take what is required for the wants of children born to him or her after the grant of the right of use.
444. He or she who has a right of use can neither assign nor lease it to another.
445. He or she who has a right of habitation in a house may live therein with his or her family, even if he or she were not married when such right was granted to him or her.
446. A right of habitation is confined to what is necessary for the habitation of the person to whom it is granted and his or her family.
447. A right of habitation can neither be assigned nor leased.
448. If he or she who has the use take all the fruits of the land, or if he or she occupy the whole of the house, he or she is subject to the costs of cultivation, to the lesser repairs, and to the payment of all contributions, like the usufructuary.
If he or she only take a portion of the fruits, or if he or she only occupy a part of the house, he or she contributes in the proportion of his or her enjoyment.
GENERAL PROVISIONS
449. A servitude is a charge upon real property, which imposes upon the owner or occupant of the property an obligation towards another, either to prevent its condition from affecting such other, or to use or forbear from using it in a particular manner, or to permit it to be used in a manner definite and circumscribed which is short of occupation.
When this obligation exists for the benefit of the owner or occupant of adjoining land, in his quality as such owner or occupant, the charge is called a real servitude.
450. A real servitude arises from the natural position of the property, or from the law, or it is established by private act.