Short answer. Yes. Article 618 provides that if the dominant estate is divided among two or more persons, each of them may use the easement in its entirety, without changing where it is used or making it more burdensome. Easements are indivisible, so splitting the benefiting property does not split the right itself.

What the law says

Easements are indivisible.

Civil Code, Article 618 — Easements Are Indivisible. Read the full provision →

What the law says

If it is the dominant estate that is divided between two or more persons, each of them may use the easement in its entirety, without changing the place of its use, or making it more burdensome in any other way.

Civil Code, Article 618 — Easements Are Indivisible. Read the full provision →

Each new owner may use the whole easement

Article 618 states the governing principle plainly: Easements are indivisible. Because the right itself cannot be split into pieces the way land can, subdividing the dominant estate, the property that benefits from the easement, does not divide the easement among the new owners either. The article addresses your situation directly: If it is the dominant estate that is divided between two or more persons, each of them may use the easement in its entirety, without changing the place of its use, or making it more burdensome in any other way. Every new owner gets full use of the easement, not a fractional share of it.

Two limits come with that full use

The right to use the easement in its entirety is not unlimited. The article ties it to two conditions: the new owners cannot change the place of its use, meaning the easement has to be exercised in the same location it always was, and they cannot make it more burdensome in any other way for the servient estate, the property that carries the easement. Multiple new owners can each rely on the same easement fully, but not in a way that increases the strain on the property that has to bear it.

The contrast with the servient estate being divided

Article 618 addresses the reverse situation as well: if the servient estate, rather than the dominant one, is divided among two or more persons, the easement is not modified, and each of the new owners of the servient estate must bear the easement on the part of the property that corresponds to them. Either direction the subdivision happens, the same underlying idea holds; the easement stays whole and functions the same way it always did, regardless of how many owners now sit on either side of it.

Why indivisibility protects the easement's purpose

An easement exists to serve a particular need of the dominant estate, such as access across a neighboring property. If subdividing that estate automatically fractured the easement into smaller, partial rights for each new owner, or required the servient estate's burden to somehow multiply with every subdivision, the easement would quickly become unworkable. Treating it as indivisible, while still capping its use at the original place and burden, keeps the arrangement functional for everyone on both sides even as ownership on the dominant side changes hands or splits.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.