KUHPer IX
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Page 1 (Article 1-91) - Page 2 (Article 92-182) - Page 3 (Article 183-273) - Page 4 (Article 274-364) - Page 5 (Article 365-455) - Page 6 (Article 456-498) - Page 7 (Article 499-589) - Page 8 (Article 590-680) - Page 9 (Article 681-771) - Page 10 (Article 772-862) - Page 11 (Article 863-953) - Page 12 (Article 954-1044) - Page 13 (Article 1045-1135) - Page 14 (Article 1136-1226) - Page 15 (Article 1227-1232) - Page 16 (Article 1233-1323) - Page 17 (Article 1324-1414) - Page 18 (Article 1415-1505) - Page 19 (Article 1506-1596) - Page 20 (Article 1597-1687) - Page 21 (Article 1688-1778) - Page 22 (Article 1779-1864) - Page 23 (Article 1865-1955) - Page 24 (Article 1956-1993)
Chapter VI - Concerning servitude
Article 681
An individual shall be authorized to build to that height which he deems fit, provided that the elevation of the building shall not be prohibited in the interest of another plot of land. In this regard, the owner of the dominant plot of land shall have the right to prevent or remove all carpentry or elevation, prohibited in the title.
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Article 682
The servitude of leading water and dripping water shall be interpreted as the right to transmission of clean water and not water containing waste.
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Article 683
The servitude of gutter right is the right to run water and water containing waste.
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Article 684
The owner of a plot of land, who has the right to install beams or anchors in somebody else's wall, shall be authorized to replace those which become damaged by use with new beams and anchors, provided that he shall not increase their number or change their location.
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Article 685
Individuals who have the right to sail on neighboring waters, shall contribute to the costs incurred in maintaining the water as navigable, unless he chooses to relinquish this right.
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Article 686
The servitude: - of a footpath is the right to go on foot over another person's land; - of riding path or lanes is the right to ride horses or to herd animals over another person's land; - of a road is the right to drive across with a car, carriage, etc. If the width of a footpath, lane, or road, is not stipulated in the title, then the width shall be regulated in accordance with the special ordinances or local customs. The servitude of riding path or lane shall include a footpath; the riding path, lane and footpath shall, by implication be included in the servitude of a road.
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Article 687
The servitude of a water pipe is the right to transmit water from a neighboring plot of land to one's own.
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Article 688
An individual, whose land has the benefit of a servitude, has the right to install any kind of construction which is necessary for the use and maintenance of such servitude. The construction shall be at his expense, and shall not be charged to the owner of the plot of land charged with the servitude.
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Article 689
In the event that the owner of the estate burdened by the servitude is made liable, pursuant to the title, for the expenses incurred in the construction of any structure for the use and maintenance of the servitude, he may, at any time release himself from such liability, by transferring the part of the estate charged with servitude to the owner of the estate who imposed such servitude, as deemed necessary for the enjoyment of the servitude.
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Article 690
In the event that it is intended to divide the dominant plot of land, the servitude in respect of each division shall remain in effect, provided that it shall not burden the condition of the plot of land charged with the servitude. In the event that it also concerns a right of crossing over, all the co-owners of the divided plot of land shall be required to exercise that right along the same road that existed prior to the division.
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Article 691
An individual, whose land has the benefit of a servitude, shall only make use thereof pursuant to his title, and in the absence of such, pursuant to the ordinances or local customs, provided always that he shall make use thereof in the manner which is least burdensome. He shall not carry out alterations on the estate charged with the servitude, nor on the dominant estate which might further burden the condition of the aforementioned plot of land.
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Article 692
The owner of the plot of land charged with the servitude shall not commit any acts which could restrict the use of the servitude or make it more inconvenient. He shall not alter the condition of the location, or move the location at which the right to the servitude can be exercised to a location that differs from the one where the servitude was originally established, unless the change can take place without disadvantaging the owner benefited by the servitude.
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Article 693
An individual whose land has the benefit of a servitude shall be deemed to have all that is necessary to make use thereof in the least encumbering manner for the owner of the plot of land charged with the servitude. The right to take water from somebody else's spring shall include the right of access to the spring on the plot of land charged with the servitude.
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Article 694
If it is intended to divide the plot of land charged with the servitude, the servitude shall remain effective over each division to the extent that it is required for the enjoyment of the servitude.
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Article 695
A servitude may be established by either title or prescription.
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Article 696
Chapter to servitude's shall be made public, in the manner stipulated in Article 620.
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Article 697
A continuous and visible servitude can be obtained either by prescription or by title.
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Article 698
With respect to an individual who uses a spring on a plot of land which is located at a higher altitude than his own plot of land, acquisition by prescription shall not take place before he has constructed and finalized those physical structures designated for the improvement of the fall and the flow of the water on his property.
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Article 699
Servitudes which are simultaneously continuous and invisible, such as the non-continuous, whether they are visible or invisible, shall only be established by title. The enjoyment, notwithstanding that it has lasted for numerous years shall not be sufficient to acquire this servitude.
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Article 700
In the event that it is proven that plots of land which are currently divided previously belonged to the same owner, and that he has been responsible for the condition of the plots of land which could have resulted in a continuous and visible servitude, then this designation shall apply instead of a servitude by title.
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Article 701
If the owner of two plots of land, of which one displayed visible signs of servitude prior to the acquisition thereof, makes use of one of these estates, without any provisions relating to servitude existing in the agreement, then this servitude shall apply with respect to the owner of the plot of land benefited by the servitude or the owner of the plot of land charged with the servitude.
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Article 702
One of the co-owners of a plot of land, may, of his own volition and without the knowledge of the others, obtain the benefit of a servitude for their joint property.
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Article 703
A servitude shall be null and void, if the property to which the servitude is attached is in such condition that an individual cannot use it.
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Article 704
If the plot of land charged with servitude or the dominant plot of land has been partially demolished or destroyed, the servitude shall continue, to the extent that the condition of the estate so permits.
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Article 705
Servitude's, which are nullified, for the reason mentioned in Article 703, shall be restored, if the property is restored to such a condition, that an individual can make use thereof, unless the period of time which has elapsed, is sufficient for prescription in accordance with Article 707.
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Article 706
All servitude's shall be nullified, if the dominant plot of land and the servient plot of land become the property of the same individual, without prejudice to the provisions of Article 701.
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Article 707
A servitude shall also become void if it has not been used during thirty consecutive years. The said period of thirty years shall only commence on the date upon which one has committed an apparent and conflicting act against the servitude.
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Article 708
If, the dominant plot of land is in such condition, that prevents the exercise of the servitude, then prescription shall take place following the lapse of thirty years, effective as of the time that the plot of land should have been restored to its previous condition, thereby rendering it possible to exercise the servitude again.
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Article 709
The manner in which an individual can make use of a servitude, shall expire in the same manner as the expiration of the servitude itself.
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Article 710
If the dominant plot of land indivisibly belongs to several owners, then the enjoyment by one of the owners shall preclude the expiration of the servitude with respect to the other owners.
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Chapter VII - Concerning prenuptial agreements
Article 711
The right of building is a property right to have buildings, structures or plantings on another person's land.
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Article 712
An individual, who has a right of building may dispose of such and encumber it by mortgage. He may encumber the property, subject to right of building, by establishing a servitude, but only for the period during which he has the enjoyment of such right.
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Article 713
The basis upon which the right of building was established shall be made public, in the manner stipulated in Article 620.
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Article 714
For the duration of the existence of the right of building, the owner of the land cannot prevent the holder of the right of building from demolishing the buildings and other structures, or pulling out the plants, and from removing several items, provided that the latter mentioned paid the price thereof during the acquisition of the right of building, or if the buildings, structures and plants erected or constructed by himself, and reserving the right that the land shall be restored to the condition that it was in prior to the building and planting.
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Article 715
Upon the termination of the right of building, the landowner shall gain possession of the buildings, structures and plantings, provided that the current value thereof shall be paid to the individual who had the right of building and who shall be entitled to retain the right, until full payment has been made.
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Article 716
If the right of building is established on land on which buildings, works and plantings already exist and of which the value has not been paid by the individual who has acquired the right, then the landowner, upon termination of the right of building, shall retrieve all such objects, and shall not be liable for any compensation in respect thereof.
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Article 717
The ordinances of this title shall only be valid to the extent that there is no deviation therefrom in agreements between the parties.
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Article 718
The right of building, shall, become void as a result of inter alia the following:
1. by merger;
2. by destruction of the land;
3. by prescription through continuous use of thirty years;
4. following the lapse of the period, which was agreed upon or stipulated at the time of establishment of the right.
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Article 719
In the event that no specific conditions or stipulations are made regarding the termination of the right of building, the landowner may terminate such right, but not until thirty years have elapsed, provided that he has notified, by proper writ, the individual who holds the right of building, at least one year in advance.
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Chapter VIII - Concerning right of tenure by long lease
Article 720
Right of tenure by long lease is a property right to have full enjoyment of property which belongs to another individual, subject to the obligation to pay an annual rent in the form of money or products of the land to the owner in consideration for the use of his property. The basis upon which the right of tenure was acquired shall be made public in the manner stipulated in Article 620.
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Article 721
The tenant shall exercise all rights which are attached to having possession of the land, provided that he shall not commit any act that might devalue the property. He also shall not dig stones, peat, clay or other similar species of the earth belonging to the land, unless his right was established after the commencement of the development of the land.
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Article 722
The trees which die during the term of the lease or have been felled by accident, shall be the responsibility of the tenant who must replace them with other trees. He shall also be entitled to fully dispose of all plants, placed in the ground by him.
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Article 723
The owner shall not be liable for any repairs. The tenant shall be required to maintain and carry out regular repairs to the property which he holds under the lease. He may improve the land by erecting buildings, or by developing or planting the land.
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Article 724
He shall be entitled to dispose of his interest, encumber it with a mortgage, and impose a servitude on the land given to him under the lease, for the period of his enjoyment.
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Article 725
He may remove all buildings constructed or plants placed in the ground, which construction or planting he was not obligated to do pursuant to his agreement, upon the termination of his right; he shall however, be required to compensate for any damage to the land caused by such removal. The owner is entitled to retain those objects on his land, until the tenant has satisfied the entire debt.
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Article 726
The tenant shall not be entitled to demand that the landowner shall pay the value of the buildings, structures, carpentry and plants, which the tenant has erected, and which upon the termination of the lease are situated on the land.
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Article 727
He shall be liable for all special or regular taxes, which are imposed on the lands, whether paid annually or once only.
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Article 728
Obligations under the lease are not divisible and shall apply to every piece of land included in the lease.
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Article 729
The tenant shall not claim any exemption of payment of rent, resulting from either his enjoyment being diminished or discontinued. If, however, the tenant has been deprived of full enjoyment during five successive years, then he shall be compensated for that time lost.
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Article 730
No extraordinary payment shall be required with respect to each transfer of the right of tenure by long lease or division of community property.
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Article 731
Upon terminating the right of tenure by long lease, the owner shall file a personal legal claim against the tenant for compensation in the form of costs, damages and interest, arising from negligence and failure to maintain the lands, and as a result of the expiration of the rights due to the fault of the tenant.
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Article 732
If the lease is terminated due to the lapse of time, the lease cannot be renewed by implication but may continue in effect until its termination.
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Article 733
The tenant's interest may be declared invalid, as a result of visible damage being caused to the property, or due to the severe misuse thereof, without prejudice to the legal claim for compensation in the form of costs, damages and interests. The invalidity may also be declared in the event of failure to pay rent during five successive years, and after the tenant has been reminded without success of the payment by proper writ, at least six weeks prior to the filing of the legal claim.
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Article 734
The tenant may impede the declaration of invalidity in the event of damage being caused to the property or misuse of enjoyment of the property, if he restores the property to its previous condition, and provides sufficient security for the future.
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Article 735
All ordinances stipulated in this chapter shall only apply, to the extent there has not been any deviations therefrom in agreements between the parties.
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Article 736
The lease shall also be deemed to be void in the manner stipulated in Article 718 and 719 with regard to the right of building.
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Chapter IX - Concerning ground rents and one tenth
Article 737
Ground rent shall be interpreted as an obligation to pay a debt, either in monetary form, or in the form of products, which obligation is attached by the owner to immovable property, and which he reserves for his benefit or the benefit of a third party upon the disposal or devolution of the property. The basis on which the interest was established shall be made public, in the manner stipulated in Article 620.
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Article 738
A previous owner of a property in respect of which ground rent is payable and in respect of which he is owed rent shall not be entitled to reclaim that property on the basis of failure to pay rent.
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Article 739
The obligation to pay ground rent shall be attached exclusively to the property itself, and in the event of division, the entire rent shall be due in respect of each part, and it shall not affect other property belonging to the owner. The above stipulation shall not apply to the obligation to pay rent in respect of a certain proportionate share of the fruit, which shall be dealt within the following articles.
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Article 740
The obligation to pay rent in respect of one tenth, or of any other portion of fruit, shall be settled with regard to each collection of fruit subject to the requirement to settle debts.
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Article 741
If at the time of establishment or proviso of one tenth, no express stipulations are made, either with respect to the kinds of fruit subject thereto, or with regard to the proportionate amount thereof, the rent shall be interpreted as one tenth of such fruit, which according to local customs, are subject to the one tenth requirement, or such monetary payment, in substitution for one tenth of fruit, which, according to such custom, with regard to some fruit, shall be settled in kind.
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Article 742
Nothing shall be due if the land lies fallow or remains uncultivated, or is used for the cultivation of fruit which are not subject to the obligation to pay rent.
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Article 743
Nothing shall be due in respect of grain which has been cut prematurely.
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Article 744
Individuals who are obliged to pay rent as described in Article 740 and thereafter, shall be required, at the time of collecting the fruit, to place them in rows, in heaps or sheaves of the same size. The heaps or sheaves shall be placed without prior selection, after the fruit are collected.
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Article 745
They must leave the heaps or sheaves on their field for twenty four hours, after notifying in advance the recipient of the one tenth share, according to local customs.
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Article 746
During that period, the individual to whom payment is due, may indicate the heaps or sheaves which are due to him; he may choose firstly, but shall thereafter, accept the order in which the heaps or sheaves have been placed.
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Article 747
If the individual, to whom the payment is due, fails to indicate his share, the individual obliged to pay rent shall be entitled to indicate his share, and to leave the heaps or sheaves at the disposal of the party entitled.
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Article 748
The individual obliged to pay rent who has removed the fruit without fulfilling his obligation, must pay twice the value of the payment that he was required to make.
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Article 749
If the obligation to pay rent is related to the young of animals or swarms of bees, the individual obliged to pay rent shall deliver his share to the rightful party, or furnish the value thereof in the form of money, calculated at the highest price, during the period of six weeks following the claim for the payment. The obligation to pay rent described in this article, shall never be included in the general denomination of one tenth, but must be established or provided for. The one tenth share shall be settled at random, without the recipient of the one tenth share being able to select the best, or the provider of the one tenth share being entitled to submit the worst.
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Article 750
The past and unfulfilled obligations to pay rent, which are described in Article 740 and thereafter, shall expire after one year, effective as of the date on which the payments could have been claimed. The other ground rents shall expire after a period of five years.
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Article 751
The ground rents including the one tenth and other debt liabilities consisting of a certain proportionate amount of fruit, shall always be redeemable, even if expressly stipulated otherwise. The parties shall be, permitted to stipulate the conditions of the redemption, and to negotiate that the rent cannot be redeemed before a specific period of time, provided that it does not exceed a period of thirty years.
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Article 752
If the redemption price of the ground rents, one tenth and other proportionate debt liabilities are not stipulated in the agreement, but are agreed between the parties at the time of redemption this shall be regulated in the following manner; With regard to ground rents paid in cash, the debtor shall comply by imposing a charge of twenty times the amount. If the debt is not due in cash but in the form of other objects, the redemption value shall also be twenty times the yearly proceeds, and the value thereof shall be regulated according to the local market prices of the last ten years, which shall be calculated by them, and failing this, it shall be stipulated by experts appointed by the parties or the judge. The actual proceeds of the last fifteen years shall be regarded as an average of the amount of the annual proceeds with regard to one tenth and other proportionate and annual payments, after deducting the two most profitable and the two most unsuccessful years. The lease in respect of the last fifteen years, after deduction as mentioned above, shall provide proof of such proceeds, and only in the absence of such lease shall they follow the customary and above-mentioned rules.
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Article 753
If the property, during the last fifteen years, has not produced any fruit which are subject to the one tenth and other proportionate and annual payments, the amount of the redemption shall be regulated by the judge, following the hearing of experts.
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Article 754
The rights related to ground rents and all other debt liabilities, which are described in this chapter shall be lost as a result of the following:
1. due to merger, if the rents or debt liabilities and title of the land shall become the property of one and the same person;
2. by mutual agreement;
3. by redemption, in the manner as described above;
4. by prescription, if thirty years have lapsed during which the individual, to whom, the ground rents or debt liabilities were due, has not exercised his right;
5. by destruction of the land. Floods, digging or the removal of the soil shall not result in the loss of right, if the land shall dry out again due to natural causes or labor.
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Article 755
The stipulations in this chapter shall apply only to ground rents, one tenth and other debt liabilities, which shall be established or provided for after the implementation of this Civil Code. The stipulations shall not re-instate the one tenth or other debt liabilities which were revoked in previous laws and customs, nor shall they regulate amend or invalidate the prevailing stipulations. Ground rents and one tenth, which are to be paid to the State, shall not be redeemable without the express consent of the government.
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Chapter X - Concerning use of proceeds
Article 756
Use of proceeds is an individual's property right to the proceeds from the property of another, as if the individual is the owner thereof, provided that the property itself is maintained in good condition.
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Article 757
If, however, the use of proceeds is understood to include use of consumable products, then it shall suffice if the user of the proceeds, upon termination of the period of use of proceeds, returns the same amount, kind and value of products, or pays the price at which the products were appraised at the commencement of the use of proceeds, or pays the value appraised at that particular time.
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Article 758
Use of proceeds may be established for the benefit of one or more specific individuals, for the purpose of having the enjoyment thereof, whether together or in succession. In the event of enjoyment in succession, the use of proceeds shall only be enjoyed by the individuals who are alive at the time that the right of the first user of proceeds commences.
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Article 759
The use of proceeds shall be acquired by law, or at the will of the owners.
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Article 760
The right of the use of proceeds of an immovable asset shall be made public, in the manner stipulated in Article 620. If the right relates to a movable asset, title to the goods shall arise upon delivery.
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Article 761
The user of proceeds shall be entitled to enjoy proceeds of all varieties from assets of which he has the use, regardless of whether the proceeds are from natural fruit, whether they are proceeds of industry or civil proceeds.
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Article 762
The natural fruit and the proceeds of industry, which at the commencement of the use of proceeds are still attached to trees or roots, belong to the user of the proceeds. Those which are in the same condition at the time that the use of proceeds is terminated, shall belong to the owner, without payment of any compensation, from one party or the other for the costs incurred in the work on and sowing of the land, excluding that part of the fruit, which was due to a participating tenant farmer either at the commencement or the termination of the use of proceeds.
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Article 763
Civil proceeds shall be deemed to accrue from day to day, and shall belong to the user of the proceeds for the duration of his use of proceeds, which can also be the exact time at which these are payable.
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Article 764
The use of proceeds from a life annuity shall also entitle the user of the proceeds, for the duration of the use of proceeds, to receive the continuing interest. If the payment of the life annuity shall take place in advance, the user of the proceeds shall be entitled to all the payments, which would otherwise have been made during the period of his right to use the proceeds. An individual, who has the use of proceeds from a life annuity shall never be obligated to any return.
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Article 765
If the proceeds used are from assets, which do not perish immediately but which are depleted by use, such as clothes, linen, house hold furnishings and the like, the user of proceeds shall be entitled to use the assets for purpose for which they were designated, provided that at the termination of the use of proceeds, he shall not be obligated to return the assets in a condition which is different to that which they were in at the commencement of the use of proceeds provided that they shall not have deteriorated due to the fault or bad faith of the user of the proceeds.
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Article 766
If the proceeds used come from chopped wood, the user of the proceeds shall have the enjoyment thereof, provided that he observes the order and amount of the chopping, in accordance with the customs of the owners, and the user of the proceeds or his heirs shall not be entitled to claim redress in the event that the customary chopping of wood, branches or tall trees, is neglected by the owner during the period of the use of proceeds.
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Article 767
The user of the proceeds shall, provided that he has regard to the fixed time periods, and the customs of the previous owners, also be entitled to enjoyment of that which the previous owners have enjoyed, such as the wood from the trees which are regularly felled, whether this felling takes place at fixed periods over a certain area of land, or whether it consists of a certain number of trees, taken, randomly, from the entire area of land.
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Article 768
In all other cases, the user of the proceeds shall not be entitled to appropriate timber trees which grow tall. He may, however, utilize wood from trees which have been uprooted accidentally or damaged, to carry out repairs for which he is responsible. He may also, if deemed necessary, for the purpose of repairs, have the trees felled, provided that he shall prove the necessity of the repairs to the owner.
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Article 769
The user of the proceeds may remove stakes from the woods for use in the vineyards, and if deemed necessary to support the fruit trees and to maintain and plant the gardens. He shall not be entitled to fell trees for firewood, but shall be entitled to the enjoyment, which, on an annual basis or at fixed times is derived from the trees; provided that he shall have regard to the customs of the local community, or the owners.
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Article 770
Proceeds from trees, which can be removed from a nursery without causing any damage, can also be used, provided the user of the proceeds has regard to the local custom and the customs of the owners with respect to the replacement of the trees.
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Article 771
Dead fruit trees, including those which have been accidentally uprooted or damaged, shall belong to the user of proceeds, provided that he replaces them with other trees.
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