KUHPer VIII
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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 1688-1788) - Page 22 (Article 1779-1864) - Page 23 (Article 1865-1955) - Page 24 (Article 1956-1993)
Chapter III - Concerning Ownership
Article 590
If a stream of a river, by making a new branch, cuts across land located at a bank and makes it into an island, the owner shall maintain property of his land, even if such island forms into a stream or navigable and floatable river.
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Article 591
Ownership of streams and rivers shall include the land over which the water flows.
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Article 592
If a stream or river takes a new course and leaves its old bed, the owners of the land over which the new course is taken, shall take possession of the abandoned beds in order to indemnify themselves, each in proportion to his ownership of the land over which the new course is taken.
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Article 593
The temporary flooding of a stream or river shall not result in acquisition or loss of property.
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Article 594
Submerged lands shall remain as the property of the owner. Notwithstanding this, in the event that the poldering or drying, by the Governor General, in the general interest, or for the safety of the property located in the vicinity is considered necessary, and the experts have proven that those submerged lands are suitable for poldering or drying, then those same owners shall be required to have this implemented or participate therein, and in case of refusal or failure to do so, their property can be expropriated for the benefit of the land, and the owner shall be entitled to compensation in a sum equal to the market value of the submerged lands.
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Article 595
The owner of a sand dune is by law the owner of the land on which the sand dune is located. If the land adjacent to the sand dune has been covered by sand as a result of the wind in such manner that the land and the sand dune have become one, and one cannot be distinguished from the other, the land shall become the property of the individual who owns the sand dune, unless the dune shall become separated by a fence of poles within five years of the covering.
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Article 596
Accretion of land resulting from the gradual and imperceptible accumulation of land on land located at running waters shall be termed alluvion. Accretion shall benefit the owners of the bank, regardless of whether or not the area of the land is mentioned in the property title; the aforementioned shall be without prejudice to the laws and ordinances regarding footpaths and hunting paths.
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Article 597
The stipulation in the second paragraph of the previous article shall also apply to accretion, which takes place at the banks of navigable lakes. The said stipulation shall also apply to alluvion, which has been washed ashore by the sea to the beaches and the river banks or the land shores which belong to specific individuals or communities, by the ebb and flow of the tide.
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Article 598
Accretion shall not take place in relation to ponds. The owners shall continue to maintain possession of land which is covered by water, in the event that it reaches a level at which the pond is disembogued, regardless of whether the volume of water decreases again subsequently. However, the owner of the pond shall not obtain title to the land located at the banks, which is covered due to the unusual level of the water in his pond, .
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Article 599
The separation of the soil from one area of land and its deposit on another as a result of the force of a stream shall not be deemed to be accretion, provided that the owner shall enforce his right, within three years after the above-mentioned events occur. After the lapse of time, the separated and unclaimed land shall also become the property of the individual, on whose land it was deposited.
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Article 600
Anything planted or sown, shall belong to the owner of the land.
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Article 601
Anything constructed on land, shall belong to the owner of the land, provided the construction is attached to the land; without prejudice to the amendments stipulated in article article 603 and article 604.
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Article 602
The owner of the land, who has constructed a building using building materials which do not belong to him, shall be obliged to reimburse the value thereof; he may be charged with compensation in the form of costs, damages and interest, in the event that there are grounds therefor, however, the owner of the building materials shall not be entitled to remove the building materials.
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Article 603
In the event that an individual has erected a construction using his own building materials on land owned by another individual, the landowner may retain the construction on his own behalf or demand the removal thereof by the other party. In the event that the landowner demands that the construction be removed, the demolition shall take place at the expense of the individual who has erected such construction, which individual may be found liable to pay compensation in the form of costs, damages and interest. In the event that the landowner wishes to retain the construction, he shall compensate for the cost of the building materials and shall pay for the wages owed, without, taking into account the increasing value of the plot of land.
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Article 604
If the building has been constructed by an owner in good faith, the owner cannot demand the removal of the construction, but he shall have the option, either, to reimburse the value of the building materials and the wages owed, or pay a monetary sum, equivalent to the increased value of the plot of land.
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Article 605
The above three articles shall also apply to planting and sowing.
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Article 606
An individual, who creates a new object from material which does not belong to him, shall become the owner of such object, provided that he pays for the material employed, and provided that in the event that there are grounds therefor, he shall compensate for the costs, damages and interest. shall be without prejudice to the laws and ordinances regarding footpaths and hunting paths.
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Article 607
If, without any intervention of a human being and due to the incidental contact between various materials, belonging to several owners, a new object is produced, the new object shall become the joint property of the owners, in proportion to the value of the material, which originally belonged to each of them.
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Article 608
In the event that the new object is produced as a result of contact between various materials, which belong to several owners, but as a result of the actions of one of the owners, the latter mentioned shall become the owner thereof, provided that the value of the material shall be reimbursed to the other parties, and that compensation in the form of costs, damages and interests shall be provided, if there are grounds therefor.
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Article 609
In the event that the materials referred to in the two preceding articles can be properly separated, each individual may claim that which belongs to him.
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Article 610
Ownership shall be acquired by prescription, if an individual possesses assets for a period stipulated by the law, and in accordance with the conditions and distinctions which are stipulated in the seventh chapter of the fourth book of this Civil Code.
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Article 611
The manner in which ownership is acquired by virtue of legal succession or testamentary succession is dealt with in the twelfth and thirteenth chapter of this book.
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Article 612
The delivery of movable assets, with the exception of intangibles, shall take place by a single handover which is carried out by the owner or on his behalf, or by the delivery of the keys of the building in which the assets are located. Delivery shall not be required in the event that the individual entitled to the assets already has such in his possession by virtue of another title.
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Article 613
The transfer of registered debts and other intangible assets, shall be effected by using an authentic or private deed, in which the rights to such objects shall be transferred to another individual. Such transfer shall have no consequences with respect to the debtor, until he has been notified thereof, or if he has accepted the transfer in writing or has acknowledged it. The delivery of bearer claims for indebtedness shall take place by handover, the bearer claims for indebtedness by submission and endorsement of the paper.
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Article 614
revoked; S.38-276.
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Article 615
revoked; S.38-276.
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Article 616
The delivery or order of immovable assets shall be effected by publication of the deed, in the manner stipulated in article 620.
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Article 617
All deeds, by virtue of which immovable assets are disposed of, bequeathed, distributed, encumbered, or transferred, shall be rendered invalid unless drawn up in an authentic form. Evidence of the sale of the assets shall be in the form of excerpts from the roll or registers of the auction department in the customary format effected with the assistance of the aforementioned department, pursuant to the prevailing or future ordinances
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Article 618
The deeds regarding estate division, to the extent that it concerns immovable assets, shall be made public in the manner, stipulated in article 620.
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Article 619
The individual to whom the assets are being transferred shall not obtain a deed of transfer of estate division, without an express authorization from the party transferring the assets or a participant, either pursuant to the deed itself, or by a further authentic deed, or simultaneously and in the same manner as the deed of transfer or division shall be made public. In the absence of such authorization, the registrar of mortgages shall refuse to accept the deed for public notice. All public notices in contravention of this stipulation, shall be invalid, without prejudice to the responsibility of the official who has issued the copy without the required authorization, or to the keeper who has announced the public notice without having proven the authorization,.
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Article 620
Having regard to the requirements contained in the three preceding articles, the public notification shall take place:- by submitting to the office of the registrar of the mortgages within whose area the immovable assets to be delivered or ordered are located, an authentic and complete copy of the authentic deed or of the judgment, and by the recording of the copy in the register designated thereto. The interested party shall at the same time offer a second certified copy or a certified excerpt of the deed or judgment for the purpose of notification by the registrar of the date of submission, together with the section and number of the register.
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Article 621
Any individual may have his property title to immovable assets, which he owns, acknowledged by the court of justice, within whose legal jurisdiction the assets are located. The legal regulations regarding civil legal claims shall regulate the manner in which this legal claim shall be filed.
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Article 622
After the judgment of acknowledgment has obtained legal validity, the same shall, be made public by or at the direction of the applicant, at the office of the registrar of mortgages, by submitting a copy and by recording such in the register designated thereto, in the manner described in article 620.
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Article 623
Following submission and recording the individual who has possession shall be regarded as the owner, with regard to all acts towards third parties concerning such assets.
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Article 624
No changes shall be made to the rights of the occupants of the land or grounds transferred by the government to specific individuals, in the event that the rights, stipulated in relation to ownership and title, shall remain as they are, either according to old origins and customs or according to special ordinances, without the stipulations of this civil code causing any infringement upon those rights, or in general to the relationship between the land occupants and owners.
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Chapter IV - Concerning The Rights And Obligations Among Owners Of Neighboring Plots Of Land
Article 625
There exist rights and obligations among owners of neighboring plots of land, which arise from natural location of the plots of land or legal regulations.
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Article 626
Plots of land, which are located at a lower level, are, for the benefit of those individuals who are located at a higher level, required to receive that water, which flows naturally, without human intervention.
The owner of the plots of land located at a lower level shall not erect a dam or dike, which would obstruct the flow of such waters; nor shall the owner of the yards located at a higher level do anything that might impair the condition of the plots of land located at a lower level.
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Article 627
An individual, who has a spring on his plot of land, may use it as he desires, without prejudice to any right which the owners of plots of plots of land at a lower level, might have acquired either by title, or prescription, pursuant to article 698.
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Article 628
The owner of the spring shall not alter the flow of the spring, if it provides water required by the inhabitants of a city, a village or hamlet.
In this regard, the owner shall be entitled to demand compensation which shall be regulated by experts, unless the right to use the water has been acquired legally or by prescription.
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Article 629
An individual, whose property is located at the bank of flowing waters, which do not belong to the public , may use this water for the watering of his plots of land. The individual, whose plots of land are crossed by such water, may use the water at the locations where the water runs, provided that, at the boundary of his lands, he shall redirect the water to its natural flow.
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Article 630
In the event of a dispute among owners who might be benefited by the water, the judge shall, in the course of making his decision, compare the interest of agriculture with the inviolability of the property right, and shall, with regard to all matters, take into consideration the special and local ordinances and customs with respect to the flow, level and use of the waters.
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Article 630a
Each owner may demand that his neighbor shall erect boundaries between their properties. The boundaries shall be erected at the expense of both parties.
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Article 631
Each owner may enclose his plot of land, without prejudice to the exception made in article 667.
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Article 632
The owner who has enclosed his plot of land, shall lose the right to put his herd to graze on that part of the communal grazing grounds that has the same area as plot of land yard which he has closed off from the community.
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Article 633
All walls serving as boundaries between the buildings, grounds, gardens shall be regarded as communal walls, unless there is a title or sign, indicating otherwise. In the event that the buildings are not of equal height, the boundary wall shall only be considered communal, up to the height of the least elevated building.
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Article 634
The following shall be indications that a boundary wall is not communal:
(1) if the top of the wall on one side is perpendicular to its base, and slopes off on the other side;
(2) if the wall supports a building or a terrace on one side with no building or other construction present on the other side;
(3) that at time the wall was built, the coping, stone frames and jutting stones were only placed on one side. In such circumstances, the wall shall be considered to belong exclusively to the owner, on whose side the building, the terrace, the frames and jutting stones, or the gutters of such coping are found.
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Article 635
The repairs and restructuring of the communal boundary wall shall be carried out at the expense of all those who have an interest in the wall which expense shall be proportionate to their interest. Each owner may release himself from the obligation to contribute to the costs for repairs and restructuring, by relinquishing his right of co-ownership of the wall due to be restructured or repaired, provided that the boundary wall does not support a building belonging to him, or does not serve as a boundary between bordering houses in the cities, suburbs, villages, open spaces and gardens.
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Article 636
Each co-owner may build against the communal wall, and place as far as the midpoint of the width of the wall, beams, paneling, anchors or other iron or woodwork, provided the wall itself shall not suffer any damage as a result thereof.
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Article 637
Each co-owner may raise the height of the communal boundary wall, at his own expense; in addition, he shall be liable for repairs for the maintenance of anything that is beyond the height of the communal boundary, and compensation for the damage caused by the weight, in proportion to the burden and according to the value thereof.
If the communal boundary wall cannot support the elevation, the individual who wishes to raise the height of the wall shall at his own expense rebuild the entire wall, and the additional area of the wall shall be built on his grounds.
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Article 638
Each co-owner of a communal boundary wall may install a gutter on the side belonging to him, and allow the water to flow, either on his plot of land, or on the public road, if such is not prohibited by law or ordinances.
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Article 639
The co-owner of the wall, who has not contributed to the elevation of the wall, may become a co-owner of such elevation, provided that he pays one half of the costs incurred, together with one half of the value of the land, if used for the widening.
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Article 640
No wall may become communal unless such is agreed to by its owner.
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Article 641
No co-owner may, without the consent of the other co-owners, make any holes in the communal wall, or build anything against it or use it to support anything. In the instances described in article 636 and article 637, the co-owner may request experts to make necessary arrangements to ensure that his rights are not prejudiced by the new construction. If the new construction causes damage to the neighbor's property, he shall be compensated therefor; however, the damage caused during the course of improving the boundary wall, shall not be taken into account in assessing the compensation.
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Article 642
Each individual may require that his neighbor in the cities and suburbs and villages contributes to the construction and repair of boundaries, which serve as partitions between their houses, open spaces and gardens. The manner and the height of the boundary shall be regulated in accordance with the special ordinances and local customs.
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Article 643
Each of the neighbors may at his expense erect a communal wall instead of a communal fence, but may not erect a fence instead of a wall.
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Article 644
No neighbor, may, without the consent of the other neighbors put a window or any other opening in the communal boundary wall, regardless of the manner in which it was done. He may however, do so with regard to a part of the wall which he has erected at his own expense, provided that this is done immediately upon the erection, in the manner described in the two subsequent articles.
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Article 645
The owner of a wall which is not communal, and which borders the plot of land belonging to other individuals, may install in the wall, lights or windows equipped with close iron bars, and with windows that are securely shut permanently. The bars shall have not more than one palm space between them.
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Article 646
These windows or openings may not be lower than twenty five palm lengths above the floor or bottom of the room which it is intended to light, if this is at the same level as the street, and not lower than twenty palm lengths above the floor, for higher floors.
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Article 647
An individual shall not have direct views of his neighbor's enclosed or open plot of land, nor shall he have windows, that overlook another person's plot of land, or balconies or other construction projecting outwards, unless there is a distance of twenty palm lengths between the wall to which such construction is added and the plot of land.
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Article 648
An individual shall not be entitled to any views from the side or over his neighbor's plot of land unless such shall be from a distance of five palm lengths.
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Article 649
The distance referred to in the two previous articles shall be calculated from the outer side of the wall where the opening is made, and in the event that there are balconies or other such similar constructions projecting outwards, from their outermost rim to the partitioning line of both plots of land.
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Article 650
The stipulations contained in article 633 through article 649 shall apply to every wooden partition, which serves as a barrier between buildings, open spaces and gardens.
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Article 651
In the event that, due to repairs made to a building, it is deemed necessary to erect scaffolding on a neighbor's land or to carry building materials across such land, the owner of the grounds must tolerate such, without prejudice to his right to compensation if there are grounds there for.
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Article 652
Each owner shall be required to construct his roof in such manner, that the rainwater on his plot of land shall flow onto a public road, if the latter mentioned is not prohibited by law or ordinances; he shall not allow the water to flow onto his neighbor's grounds.
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Article 653
An individual may not allow water or dirt to flow through the gutters of another individual's plot of land, unless he has been granted the right to do so.
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Article 654
All buildings, chimneys, walls, fences or other partitions, which, either due to age or other reasons, are likely to collapse, and which endanger the neighboring plot of land, or are suspended over it, shall be demolished, restructured or repaired, upon first being notified to do so by the owner of the neighboring plot of land.
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Article 655
An individual, who, within the area surrounding a communal or non-communal wall, has had a well, sewer, or outhouse dug, intends to install a chimney, a fireplace, an oven or furnace, intends to build a stable or fertilizer container, or build a salt storehouse or warehouse, or install a storage place of corrosive material, or intends to build other harmful or dangerous constructions, shall be required to leave or create space in the manner described in the special ordinances or customs in that regard, or to carry out constructions as required by the regulations and customs, in order to prevent any damage which may be caused to the neighboring plots of land.
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Article 656
Objects such as rain containers, wells, outhouses, sewers, gutters, which are communal property between the neighboring plots of land, shall be maintained and cleaned at the expense of the owners.
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Article 657
The cleaning of the outhouses shall take place alternately between plots of land.
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Article 658
All trenches or ditches between two plots of land shall be regarded as communal property, unless otherwise indicated by another title or sign.
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Article 659
One indication that the trenches or ditches are not regarded as communal property shall be, if the embankment or the accumulation of soil is found on one side of the ditch only. In such circumstances, the entire trench or ditch shall be considered to be the property of the individual on whose side the accumulation of soil is found.
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Article 660
Communal trenches or ditches shall be maintained at the expense of all parties.
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Article 661
Each of the bordering owners may fish in, sail on, have his animals drink and take water for his own use from the communal trench or ditch.
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Article 662
Each fence, which divides one plot of land from another, shall be considered to be communal, unless stipulated otherwise by title, ownership or indication. Each of the owners of trees which are located in the communal hedge which communal hedge is also communal, shall be entitled to demand that the trees be felled.
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Article 663
One neighbor can demand that the other shall plant new hedges, at communal expense, if the previous hedge was communal and served as a partition between both plots of land.
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Article 664
The hedge shall not be regarded as communal, if only one of the plots of land is enclosed.
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Article 665
It shall not be permitted to plant trees or hedges which grow very tall, other than at the distance which is stipulated in the currently prevailing special regulations, or pursuant to permanent and acknowledged customs, and in the absence of regulations or customs, at a distance of twenty palm lengths from the boundary line of both plots of land, to the extent that it concerns trees which grow tall, and at a distance of five palm lengths, from the hedges.
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Article 666
A neighbor shall be entitled to demand that the trees and hedge, which are planted at a shorter distance, shall be uprooted. An individual whose plot of land is overhung by branches from trees belonging to his neighbor may demand that his neighbor cut off the branches. If the roots of the trees grow out onto his plot of land, he shall be entitled to chop these off; he shall also be entitled to cut off the branches, in the event that his neighbor, upon receiving his first warning, refuses to do so, provided that he does not trespass on his neighbor's property.
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Article 667
The owner of a piece of land or yard, which is enclosed by other property, as a result of which his access to the public road or waters is blocked, shall be authorized to demand that the owners of the neighboring lands shall grant him an exit for the use of his property or lands, provided that he shall compensate for the damage caused thereby.
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Article 668
This exit shall be placed at the site where the access from this plot of land or yard is closest to the public road or waters, provided, if possible, that the location selected shall be that which causes the least damage to the land over which the exit has been granted.
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Article 669
The exit shall remain in existence notwithstanding that the right to compensation, mentioned in article 667, may expire due to prescription.
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Article 670
The exit granted shall cease, from the time that the circumstances, mentioned in article 667, no longer exist, and no one may invoke prescription, regardless of how long the exit might have existed.
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Article 671
Footpaths, lanes or roads which are the communal property of several neighbors, and which serve as their exit, shall not be diverted, destroyed or used for some purpose other that which they were designated for, unless upon mutual consent.
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Article 672
The rights and obligations stipulated for the benefit of the public interest or communal interest, in relation to footpaths and hunting paths along navigable or sailable rivers, the making or repairing of roads, dikes and other public or communal works are regulated in specific laws and ordinances.
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Chapter V - Concerning Compulsory Labor
Article 673
Compulsory labor as acknowledged by the high authorities shall be maintained; the stipulations of this civil code shall not alter this in any way.
The Governor General shall be authorized to stipulate such further provisions with regard to compulsory labor as he deems necessary.
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Chapter VI - Concerning Servitude
Article 674
A servitude is a charge encumbering lands for the benefit and advantage of lands which belong to another individual. The charge shall not be imposed on or be for the benefit of an individual.
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Article 675
All servitudes shall consist of an obligation to permit something or refrain from doing something.
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Article 676
A servitude shall not grant any priority to any plot of land.
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Article 677
Servitudes may be either continuous or not. Continuing servitudes are those of which the use continues or may continue, without the necessity for human involvement; servitude's of this nature are the leading of water, gutter rights, views and other such similar matters. Non-continuing servitudes are those which require human involvement, such as: the right to cross over, to take water, to graze animals and other matters that require human involvement.
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Article 678
Servitudes may be visible or invisible. Visible servitudes are those that are physically apparent such as a door, a window, a water pipe and other such similar objects. Invisible servitudes are those whose existence is imperceptible, such as the prohibition against building on a plot of land, or against building above a certain height, the right to graze cattle and other matters that require human involvement.
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Article 679
If an individual re-builds a wall or a building, the grantor and beneficiary of the servitude shall maintain the servitude with regard to the new wall or new building, provided that they are not further encumbered, and provided that the reconstruction shall take place prior to the acquisition of the servitude by prescription.
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Article 680
An individual who is entitled to the benefit of a servitude with regard to views or light, shall be permitted to install as many windows or lights as he wishes; he shall not be permitted to increase that number in the future, after having built or exercised his right. Light shall be interpreted as the light which is necessary, without any views.
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