Civil Code > TITLE VII. INDIVIDUAL OWNERSHIP 2

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Chapter 2. Rights and duties of owner

Section 1. General provisions.

Art. 1204.- Definition.

(1) Ownership is the widest right that may be had on a corporeal thing.

(2) Such right may neither be divided nor restricted except in accordance with the law.

Art. 1205.- Scope of right.

(1) Without prejudice to such restrictions as are prescribed by law, the owner may use his property and exploit it as he thinks fit.

(2) He may dispose of his property for consideration or gratuitously, inter vivous or mortis causa.

Art. 1206.- Right to reclaim property.

The owner may claim his property form any person who unlawfully possesses or holds it and may oppose any act of usurpation.

Section 2. Special rules regarding immovable property

Art. 1207.- Fences.

An owners may fence his land.

Art. 1208.- Boundary marks.

Where the boundaries of parcels of land are uncertain, each landowner shall, if to required by his neighbor, assist in ascertaining such boundaries.

Art. 1209.- Ownership of subsoil.

Ownership of land shall extend below the surface of the land to the extent necessary for the use of the land.

Art. 1210.- Excavations or works underground.

An owner who makes excavations or works below the surface of his land shall not shake his neighbor’s land, expose it to damage or endanger the solidity of the works thereon.

Art. 1211.- Ownership above the land.

Ownership of land shall extend above the surface of the land to the extent necessary for the use of the land.

Art. 1212.- Branches and roots.

(1) An owner whose land is encumbered by branches or roots springing from adjoining land may apply to the court to order his neighbor to cut such branches or roots within one month.

(2) The owner of a land may, without having to make a request, cut as from the boundary all roots rising on his land.

Art. 1213.-Buldings and plantations.

An owner may make on his land such buildings or plantations as he thinks fit.

Art. 1214.- Works above or below land.- 1. Principle

(1) Buildings and other works constructed above or below a parcel of land or permanently united therewith may have a distinct owner.

(2) The rights of such owner shall be subject to the provisions relating to servitudes (Art. 1359-1385).

Art. 1215.- 2. Restriction.

(1) Nothing shall affect the provisions relating to the joint ownership of pats of a building (Art, 1281-1308).

(2) Nothing shall affect the provisions of Art. 1178-1180.

Art. 1216.- Access prohibited.

An owner may prohibit third parties from entering on his land.

Art. 1217.- Trespass necessary. – 1. Imminent damage or danger.

(1) Where a person cannot protect himself or another from an imminent damage or actual danger except by entering on somebody else’ land, the owner thereof shall permit access.

(2) The owner may claim compensation for any damage thereby caused.

Art. 1218.- 2. Repair of wall or buildings.

(1) Access to land shall be permitted where it is necessary for the purpose of repairing a wall or building set up on adjoining land.

(2) The owner may claim compensation for any damage thereby caused.

Art. 1219.- 3. Lost things or animals.

(1) Where things have been carried away or animals such as cattle, bee swarms or poultry have strayed on somebody else’s land by the operation of a natural force or in consequence of a fortuitous event, the owner of the land shall allow the interested person to enter on his land for purposes of search and removal.

(2) The owner may claim compensation for any damage thereby caused and shall have a right to detain the lost things or animal.

(3) The owner may prohibit access where he himself immediately searches the lost thing or animal and returns is to the interested person.

Art. 1220. Pipes.

(1) An owner shall, against full payment in advance of compensation for the damage thereby caused, allow the installation on his land of water, gas or electrical lines or similar works to the benefit of other lands.

(2) The installation shall be made with minimum disturbance to the land encumbered.

(3) The owner may at any time required that the installation be removed at his own expense and placed on some other part of the land.

Art. 1221.- Right of away. -1. Principle.

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

Art. 1222.- 2. Demand against whom made.

(1) Right of way shall be demanded from the neighbor form whom it is the more reasonable to demand it.

(2) For this purpose, regard shall be had to the position of the lands, the access thereto, the exigencies of the enclosed land and the inconvenience occasioned to the encumbered land.

Art. 1223.- 3. Division of land.

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

Art. 1224.- 4. Works necessary.

The owner 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.

Art. 1225.- Abuse of ownership. -1. Principle.

(1) The owner shall not cause nuisance or damage to his neighbor.

(2) He shall not cause smoke, soot, unpleasant smells, noise or vibrations in excess of good neighborly behavior.

(3) Regard shall be had to local custom, the position of the lands and the nature thereof.

Art. 1226.- 2. Penalty.

An owner who is caused or threatened with damage by reason of another owner abusing his rights may require such owner to repair the damage caused or prevent the occurrence of damage without prejudices to any claim for damages.

Art. 1227.- Restrictions on ownership binding.

(1) The restrictions on ownership in this Section shall apply without entry in the registers of immovable property.

(2) They may not be waived nor altered by agreement between the parties.

Section 3. Ownership and use of water.

Art. 1228.—Use by community.

(1) The community shall have priority in the usage of al running and still water.

(2) Such water shall be controlled and protected by the competent authority.

Art. 1229.- Appropriation of water.

Water shall be private property where it is collected in a man-made reservoir, basin or cistern from which it does not flow naturally.

Art. 1230. Legal provisions regarding water.

(1) The conditions on which water may be appropriated or sued and the rights of use or servitudes to which it may be subject shall be as laid down in this Title.

(2) Nothing shall affect the provisions of this Code relating to the collective exploitations of irrigation or drainage areas (Art. 1501-1534).

(3) Nothing shall after the provisions of special laws and administrative regulations, whether of general or local application.

Art. 1231.- Power of the court.

(1) In deciding on a dispute arising between tow person to whom water may be of use, the court shall reconcile the conflicting interests with the respect due to ownership.

(2) Unless otherwise provided by law, any infringement of rights of ownership shall give rise to compensation.

Art. 1232.- Domestic use. -1. Right of owner.

A landowner may use the water on, below, running through or bordering his land for his personal use, that of the persons living with him and for watering his cattle.

Art. 1233.- 2. Right of neighbor.

A landowner who has water in excess of what he requires for domestic purposes shall give his neighbors the water indispensable for their domestic use, where they cannot get water elsewhere except at exaggerated costs.

Art. 1334.- 3. Right of neighbors how exercised.

(1) The landowner may regulate in a reasonable manner the exercise of the right granted to his neighbors under Art. 1233.

(2) He may require a fair compensation where his rights as an owner are notably reduced or impaired by the neighbors exercising their right.

Art. 1235.- Prohibited works

(1) Whosoever is entitled to use a well, spring or other water, whether running or still, may object to the construction of any work such as a sewer or latrine, capable of polluting the water used by him.

(2) He may required that any such work done in disregard of this rights be destroyed.

Art. 1236.- Irrigatin.-1. Right of owner.

(1) An owner whose land is crossed or bordered by running water may use such water for irrigating his land.

(2) Such right may not be exercised to the detriment of those who, o the land or downstream, use such water for domestic purposes or to water their cattle.

Art. 1237.- 2. Priority of domestic use.

(1) Where the use of water for purposes of irrigation is or may be detrimental to persons downstream who use such water for purposes other than domestic, the said persons may, where they show the existence of vested rights to their benefit, object to the water being used for irrigation.

(2) There shall be deemed to be vested rights on the use of water for purposes other than domestic where apparent or notorious works or installations have been done on the ground with a view to using the water for such purposes.

Art. 1238.- 3. Penalty.

Where the existence of vested rights is proved, the court shall order the cessation or purring out of use of the works or installations done on the land upstream to the extent that they are incompatible with such vested rights.

Art. 1239.- 4. Compensation.

The owner of the land upstream shall be entitled to compensation where the exploitation of his land is impaired or rendered impossible by the prohibition from using water crossing or bordering his land.

Art. 1240.- 5. Amount of compensation.

(1) The court shall fix in accordance with equity the amount of compensation due under Art. 1239.

(2) In making its decision, the court shall have regard to all the circumstances of the case and in particular to the decrease in the value of the land which the prohibition from using water entails and to the profit derived from the use of the water by the persons downstream.

(3) Compensation shall in all cases include the value of the works or installations the use of which is prohibited by the court and which have been done in good faith without the persons downstream objecting thereto.

Art. 1241.- 6.Court having jurisdiction.

Any dispute as mentioned in the preceding Articles shall be settled by the court in whose jurisdiction the immovable on which works or installations are contemplated or have been done, is situate.

Art. 1242.- Industrial use. -1. Right of owner.

(1) The owner of land which is crossed or hordered by water may use such water for industrial or commercial undertakings such as water mils, wash-houses or bathing establishments.

(2) He shall ensure that the water flowing from his land he unsoiled and fit for the uses to which it may normally be put.

Art. 1243.- 2. Restriction.

(1) Where the owner prevents the flowing of water from his land or the water flows soiled or unfit for certain uses, the provisions of the preceding Articles regarding the use of water for purpose of irrigation shall apply.

(2) The owner of land shall not be entitled to compensation except as regards works or installations the use of which is prohibited by the court and which have been done in good faith without the persons downstream objecting thereto.

Art. 1244.- Hydraulic power

Only those undertakings which have been granted a concession by the competent authority may do work on rivers with a view to distributing, carrying or selling hydraulic power.

Art. 1245.- Rainwater.

(1) The owner of a building shall build the roof so that rain water falls on his an not on his neighbor’s land.

(2) He shall make such gutters or pipes as may be necessary to bring the water to public sewers.

Art. 1246.- Duties of landowners below.

(1) The owner of land on a low level shall accept the flow of water form land on a higher level where such water flows naturally and not artificially.

(2) The owner of the land below may not set up a dike to prevent such flow.

(3) The owner of the land above may not increase the responsibilities of the landowner below.

Art.1247.- Drainage.

(1) Where the owner of the land above constructs drainage works on his land, the landowners below shall accept without compensation the water flowing therefrom.

(2) The owner of the land above shall construct such works as are required to reduce to a minimum the damage to be occasioned to land owners below.

(3) The landowners below may require that the water be evacuated by means of underground pipes where, failing such pipes, the water would run on land on which buildings are erected or on gardens or yards pertaining to such buildings.

Art. 1248.- New springs.

The provisions of Art. 1247 shall apply where an owner creates springs on his land by boring or underground works.

Art. 1249.- Taking of water.- 1. Right of owner.

(1) An owner who requires water bordering his land for irrigation or other purposes may build on the neighbouring riparian’s land the works necessary for the taking of water.

(2) He shall have access to such neighboring land for the purpose of constructing or maintaining such works.

Art. 1250.- 2. Compensation.

(1) The neighbouring riparian shall be entitled to compensation where the works constructed on his land deprive him permanently of a part of his land.

(2) The neighbouring riparian shall be entitled to compensation where he is unduly or unreasonably inconvenienced as a neighbour by the size or duration of such works.

Art. 1251.- 3. Use of works.

(1) The owner on whose land works are to be constructed shall bear one half of the costs of building and maintenance where such works are for his own benefit.

(2) Where the owner of land wishes to sue such works to his own benefit during construction or after completion, he shall bear the costs arising from any changes in the works required to adapt them for his use.

At. 1252.- Aqueduct.- 1. Right of owners.

An owner who wishes to make use for domestic or irrigation or other purposes of water which does not cross or border his land may apply to the court to be allowed to bring such water through other persons’ land against payment in advance of a fair compensation.

Art. 1253.- 2. Laying out of pipes.

(1) Regard shall be had to all the circumstances of the case for the purpose of laying out the pies and determining their siting and nature.

(2) Pipes shall be installed so as to reduce to a minimum any damage to the owners whose land they cross.

(3) Pipes shall as far as possible avoid land on which buildings are erected or gardens or yards pertaining to such buildings.

Art. 1254.- 3. Compensation.

(1) The owners whose land is crossed by pipes shall be entitled to compensation.

(2) In fixing the amount of compensation, regard shall be had to the value of the land of which the owners are permanently deprived.

(3) Regard shall also be had to the inconvenience cause to an owner by reason of the installation and maintenance of the pipes.

Art. 1255.- Underground water.

(1) Underground accumulations of water and rivers shall form part of the public domain.

(2) No person may without permission construct on his land a drilling exceeding one hundred meters in depth.

Art. 1256.- Fishing and navigation.

(1) The right to fish shall be subject to the provisions of special laws.

(2) As shall the right to sail on rivers and lakes.

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