Short answer. Yes. Under Article 653 of the Civil Code, when the grantor's retained land becomes isolated after a sale, the grantor may demand a right of way through the land transferred, but must pay indemnity for it. A donor who faces the same situation, however, is not liable for indemnity.
What the law says
if it is the land of the grantor that becomes isolated, he may demand a right of way after paying a indemnity. However, the donor shall not be liable for indemnity.
Civil Code, Article 653 — When the Grantor's Land Is Isolated. Read the full provision →
The rule for a grantor whose retained land becomes isolated
When a person sells or otherwise transfers part of their land and the portion they keep becomes landlocked as a result, the law does not leave them without recourse. Article 653 provides that where it is the grantor's land that becomes isolated, the grantor may demand a right of way through the transferred land. The grantor must, however, pay indemnity for this right. This is the grantor's burden: having transferred land in a way that caused the isolation, the grantor cannot claim the passage for free. The indemnity compensates the new owner of the transferred land for the imposition of the servitude.
The donor is not required to pay indemnity
Article 653 draws a distinction between a seller-grantor and a donor-grantor. A seller received money for the land transferred — the transaction was for value. A donor gave the land away gratuitously. When a donor's retained land becomes isolated because of the donation, the law allows the donor to still demand a right of way through the donated property, but the donor shall not be liable for indemnity. The rationale is equitable: the donee received the land as a gift and may fairly bear the burden of the passage without compensation when the donor's remaining parcel has been cut off.
The isolation must result from the transfer
Article 653 applies specifically to the situation where the grantor's land is isolated as a consequence of the transfer — not where the land was already landlocked before. The isolation must be the result of the conveyance itself. If the grantor's parcel was surrounded by the lands of others before the sale or donation, the general rules on right of way apply instead. Article 653 addresses the narrower case: the transfer of part of the land created or contributed to the cut-off, and the grantor now seeks a passage back through what was formerly their own property.
Practical effect for parties to the transfer
A buyer of land should be aware that taking a portion of a larger parcel may result in an obligation to allow the seller passage through the purchased land, upon payment of indemnity. A donee in the same position may have to allow the donor passage without receiving compensation. In both cases the right of way is not automatic — the grantor must demand it and, in the seller's case, must pay for it. The amount of indemnity, the location of the passage, and related terms would need to be agreed upon or, in the absence of agreement, determined through the appropriate legal process.