| 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
January 16, 2022
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
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