492. Every proprietor having the use of his or her rights, and being competent to dispose of his or her immovables, may establish over or in favour of such immovables, such servitudes as he or she may think proper, provided they are in no way contrary to public order.
The use and the extent of these servitudes are determined according to the title which constitutes them, or according to the following rules if the title be silent.
493. Real servitudes are established either for the use of buildings or for that of lands.
Those of the former kind are called urban, whether the buildings to which they are due are situated in town or in the country.
Those of the second kind are called rural without regard to their situation.
Real servitudes take their name from the property to which they are due, independently of the one which owes them.
494. Servitudes are either continuous or discontinuous.
Continuous servitudes are those the exercise of which may be continued without the actual intervention of man; such are water conduits, drains, rights of view and others similar.
Discontinuous servitudes are those which require the actual intervention of man for their exercise; such are the rights of way, of drawing water, of pasture and others similar.
495. Servitudes are apparent or unapparent.
Apparent servitudes are those which are manifest by external signs, such as a door, a window, an aqueduct, a sewer or drain, and the like.
Unapparent servitudes are those which have no external sign, as for instance, the prohibition to build on a land or to build above a certain fixed height.