Key legal question
Whether the easement over parcel 1096 had lost all interest for parcel 783 under Art. 736(1) CC
Extracted holding
No. The easement still serves the original purpose of access to the manor house; the appellants' claimed use to reach the lakeside parcel 1142 is a different, non-identical purpose.
Extracted reasoning
The court upheld the lower court's interpretation of the easement under Art. 738 CC: the original deed covered only the upper access road to the manor house, not the descending road to the lake. Under the principle of identity of the easement, a servitude cannot be maintained for a different purpose than the one for which it was created.