Article 1036

A holder of a land which constitutes an enclave or whose access to public ways is not sufficient to enable him to exploit the land he holds may demand right of way from his neighbor against payment of compensation proportionate to the damage that may be caused thereby.

Right of way shall be demanded from the neighbor, from whom it is the most reasonable to demand it. For this purpose, regard shall be paid to the position of the lands, the access thereto, the exigencies of the enclosed land and the inconvenience to the encumbered land.

Where the enclave arises from the division of land by sale, exchange, partition or any other contract, right of way shall be demanded from the original holder.

The beneficiary of a right of way shall maintain such right of way and shall cause the least damage possible to the land over which such right of way passes.

The right of way, no matter how long it has existed, ceases to exist once it is no longer needed.