1912 Present: De Sampayo A.J.

COSTA v. LIVERA.

C. R. Negombo, 18,621.

Servitude-Substitution of a new right of way for an old one-Non-notarial agreement-Benefit of possession of old route attaches to-new routs-Owner of the dominant tenement must be restricted to the new route.

The plaintiff claimed a right of way along the line marked. d d. The defendant averred that the parties had by mutual consent (without a notarial deed) substituted a new route- a a for the old route d d. The new route crossed the old route at the point at which the plaintiff alleged that defendant had obstructed d d.

Held, that if the plaintiff had definitely abandoned the route d d, he must be restricted to the new route a. a.

" Ordinance No. 7 of 1840 will not be in the way of such restriction, even if the user of the new line a a has not been long enough to give plaintiff a new right by prescription."

The essence of the servitude is the right of way over the servient tenement, and the particular route affects only the manner of its-exercise. What is prescribed for by long user is not the ground over which the way lies, but the incorporeal right of servitude. The bene