ABSTRACT

This chapter examines some examples of the transplantation of the French legal provisions concerning certain restrictions on the use of neighboring plots of land in Francophone Switzerland, Quebec, and Louisiana in the nineteenth century. During the codification process, Swiss, Quebec, and Louisiana legislators filtered the provisions of the French law through local needs, customs, geography, lifestyle, and circumstances. The Canton of Valais also rejected the French provisions on the distance at which trees and plants are allowed to grow near neighboring land. The drafters of the Quebec Code deliberately rejected the provisions of the French Civil Code and replaced the uniform rule of the Custom of Paris by one that took into account local circumstances. Quite often French provisions were rejected in favor of provisions from ancient customary law of respective territories or from civil codes of other territories. In civil law countries, legal provisions are normally contained in the law of servitudes.