Article 1239

A servitude may be created by agreement between the holders of the right of use of the dominant and servient tenement. It may also be created by a will in which the holder of the right of use of an immovable property divides such land between two or more persons.

The creation of a servitude shall be of no effect unless it is evidenced in writing.

A servitude shall be of no effect on third parties unless it has been entered in the register of immovable property at the place where the servient tenement is situated.