Revised Laws of Saint Lucia (2021)

Section III   The Rights Of The Proprietor Of The Land To Which The Servitude Is Due

  1.  

    499.   He or she to whom a servitude is due has the right of making all the works necessary for its exercise and its preservation.

  1.  

    500.   These works are made at his or her cost and not at that of the proprietor of the servient land, unless the title constituting the servitude provides otherwise.

  1.  

    501.   Even in the case where the proprietor of the servient land is charged by the title with making the necessary works, for the exercise and for the preservation of the servitude, he or she may always free himself or herself from the charge by abandoning the servient immovable to the proprietor of the land to which the servitude is due.

  1.  

    502.   If the land in favour of which a servitude has been established come to be divided, the servitude remains due for each portion, without however the condition of the servient land being rendered worse.

  1.  

    Thus in the case of a right of way, all the co-proprietors have a right to exercise it, but they are obliged to do so over the same portion of ground.

  1.  

    503.   The proprietor of the servient land can do nothing which tends to diminish the use of the servitude or to render its exercise more inconvenient.

  1.  

    Thus he cannot change the condition of the premises, nor transfer the exercise of the right to a place different from that on which it was originally assigned.

  1.  

    However if by keeping to the place originally assigned, the servitude should become more onerous to the proprietor of the servient land, or if such proprietor be prevented thereby from making advantageous improvements, he or she may offer to the proprietor of the land to which it is due another place as convenient for the exercise of his or her rights, and the latter cannot refuse acceptance.

  1.  

    504.   He or she who has a right of servitude can only make use of it according to his or her title, without being able to make, either in the land which owes the servitude, or in that to which it is due, any change which renders the servitude more onerous.