Short answer. No. Article 690 says that when the naked ownership of land belongs to one person and the beneficial ownership to another, no perpetual voluntary easement may be established on it without the consent of both. The naked owner alone cannot burden the land in perpetuity while someone else holds the beneficial ownership.
What the law says
no perpetual voluntary easement may be established thereon without the consent of both owners.
Civil Code, Article 690 — Perpetual Easement Needs Both Owners. Read the full provision →
When ownership is split into naked and beneficial
Sometimes ownership of land is divided: one person holds the naked ownership, the bare title stripped of enjoyment, while another holds the beneficial ownership, the right to use and enjoy the property, as happens with a usufruct. Each has a genuine stake, but neither holds the full bundle of rights alone. Article 690 addresses what happens when someone wants to place a perpetual voluntary easement, a permanent, agreed burden, on land in this divided condition, and it protects both interests from being bound by only one of the two.
A perpetual easement needs both consents
The rule is that both owners must agree. Article 690 provides that no perpetual voluntary easement may be established thereon without the consent of both owners. The naked owner cannot, acting alone, saddle the property with a permanent easement, and neither can the beneficial owner acting alone. Because a perpetual easement is a lasting burden that outlives the current arrangement and affects the enjoyment of the land, the law insists that both the holder of the title and the holder of the beneficial use join in creating it.
Why both must join
The requirement reflects that a permanent easement touches both interests. It diminishes the beneficial owner's present enjoyment of the property, and it permanently reduces the value and freedom of the naked ownership that will one day be reunited into full ownership. Letting either owner act alone would let one of them impose a lasting detriment on the other's stake without consent. By requiring both to agree, Article 690 ensures that a burden meant to last forever is not created except by everyone whose ownership it permanently affects.
The practical consequence
For anyone dealing with land whose ownership is split, the caution is clear. An easement meant to be perpetual, granted by only the naked owner or only the beneficial owner, is not validly established, and the person relying on it may find it unenforceable. To create a durable voluntary easement over such land, secure the consent of both the naked owner and the beneficial owner. Confirming who holds each interest, and obtaining both agreements, is what makes a perpetual easement over divided ownership stand.