Short answer. Yes. Under Article 625 of the Civil Code, upon the establishment of an easement, all the rights necessary for its use are considered granted. You do not need to negotiate each accessory right separately — they come with the easement as a matter of law.
What the law says
Upon the establishment of an easement, all the rights necessary for its use are considered granted.
Civil Code, Article 625 — Accessory Rights Are Included. Read the full provision →
The easement carries its necessary accessories
An easement, by itself, is often useless without the ability to do the things needed to exercise it. Article 625 prevents a grantor from creating an easement with one hand while withholding the rights needed to actually use it with the other. Whatever rights are genuinely necessary for the use of the easement are legally included in the grant, without the holder needing to list each one. The key word is "necessary" — rights that are merely convenient or desirable but not required for the easement to function do not automatically come along.
What counts as a necessary accessory right
The test is necessity, not convenience. A right of way easement, for instance, implies the right to enter and exit at reasonable times — that is necessary to exercise it. It may also imply the right to maintain the path in a state that makes passage possible. A water-drainage easement implies the right to install and maintain the drainage channel. These rights are not enumerated in the easement document but they follow from what the easement is for. By contrast, the right to use adjacent land for parking or storage would not be implied merely from a right of way grant, because parking is not necessary to pass through.
Disputes about what is necessary
The practical difficulty is that "necessary" is often contested. The servient estate owner — the landowner over whose property the easement runs — may argue that a particular act is not necessary and therefore not covered. The dominant estate owner — the one who benefits from the easement — may argue it is essential to exercising the right. Article 625 resolves these disputes in principle but not in specific detail: necessity is a factual question, and what is necessary for one type of easement may be different from what is needed for another. The nature of the easement, its stated purpose, and the physical realities of the land all inform the analysis.
Why this rule matters in property dealings
If you are purchasing land that benefits from an existing easement, Article 625 means you do not need to check the easement document for an exhaustive list of accessory rights — the law fills in the gaps. If you are the owner of the servient estate, you cannot deny the dominant estate owner the accessory rights that are genuinely necessary, even if they are not spelled out in the grant. If a dispute has arisen over whether a particular use falls within the easement, the question to ask is: is this right truly necessary for the exercise of the easement itself, or is the holder trying to expand the easement beyond what was granted? That distinction is at the heart of Article 625.