Element | Continuous | Discontinuous |
---|---|---|
Use | Incessant | Intervals or intermittent |
Usage by human interruption | No | Yes |
Establishment | Human action | Human action |
Exercise | No human action | Needs human action |
Example | The easement of drainage, and right to support beam on another’s wall | Right of way because easement is only exercised when someone walks on it |
Aqueduct | Yes, by law | No, even used in intervals |
Prescription (Art. 620) | Runs if easement is also apparent | Does not run whether apparent or not |
Action in rem
Actions in rem are actions against the thing itself. They are binding upon the whole world.59 The phrase, “against the thing,” to describe in rem