Short answer. Article 623 of the Civil Code provides two ways to cure the absence of a written title for a non-prescriptible easement: a deed of recognition executed by the owner of the burdened land, or a final judgment of a court establishing the easement's origin. Either one substitutes for the missing title.
What the law says
The absence of a document or proof showing the origin of an easement which cannot be acquired by prescription may be cured by a deed of recognition by the owner of the servient estate or by a final judgment.
Civil Code, Article 623 — Curing the Absence of a Title. Read the full provision →
The problem: easements that title must prove
Not all easements can be acquired through long, uninterrupted use. Easements that are either discontinuous or non-apparent can only be established by title — a written instrument granting or recognizing the right. When such a title once existed but has since been lost, or when the easement was created informally without documentation, the holder of the dominant estate is left in an uncertain position: the easement may genuinely exist in practice, but there is nothing on paper to prove where it came from.
Two remedies under Article 623
Article 623 addresses this gap directly: "The absence of a document or proof showing the origin of an easement which cannot be acquired by prescription may be cured by a deed of recognition by the owner of the servient estate or by a final judgment." The provision offers exactly two cures. The first — a deed of recognition — is the voluntary route: the owner of the burdened land (the servient estate) formally acknowledges in a written document that the easement exists and has a legitimate origin. This deed, once executed, stands in place of the original title that is missing.
When a final judgment is needed instead
The second remedy — a final judgment — is the judicial route, used when the servient owner refuses to execute a voluntary deed or disputes the easement's existence. The holder of the dominant estate must bring a court action seeking a declaration that the easement is valid and binding. If the court finds in favor of the claimant and the judgment becomes final, it serves the same function as a deed of recognition: it supplies the proof of origin that the law requires for a non-prescriptible easement to stand. The judgment is then the title.
Why this matters in practice
This provision is particularly relevant for rights of way that were arranged by older generations through oral agreements, private arrangements, or informal use — common enough on subdivided family lands. If the arrangement was never documented, the current owner of the dominant estate cannot point to a deed, and because the right of way is a discontinuous easement (it is used by an act of man each time someone passes through), prescription does not help. Article 623 provides the path forward: approach the servient owner for a written acknowledgment, or, if that fails, seek a court declaration. Either outcome produces the document the law requires.