The confusion reigning between superficies ownership and real servitude is tenacious. There is one case that illustrates this state of uncertainty better than any other: it involves the difficulty of qualifying networks made up of electric lines, telephone lines and water, gas and drainage conduits.
This paper examines a case in which the qualifying of a telephone line was the main point at issue. Both the Superior Court and the Court of Appeal qualified the said line as being a servitude. This author does not accept such qualification. For him, the telephone line is apiece of surface property to which attach accessorily various servitudes.
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