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§ 178. Manner of exercise of real servitude
- (1)
- A real servitude grants the right to perform only those acts which in view of the content of the servitude are necessary in the interests of the dominant immovable.
- (2)
- A real servitude shall be exercised in a manner which is least cumbersome to the servient immovable.
- (3)
- An increase in the needs of the dominant immovable does not in itself increase the encumbrance incumbent on the servient immovable.
§ 179. Exercise of real servitude by means of construction or installation
- (1)
- If a real servitude is exercised on the servient immovable by means of a construction or installation, the owner of the dominant immovable is required to construct and maintain it and upon the extinguishment of the servitude, to remove it at the expense of the owner of the dominant immovable on demand of the owner of the servient immovable unless otherwise provided by law or the transaction establishing the servitude.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
- (2)
- If the construction or installation can also be utilised in the interests of the servient immovable, the owners of the dominant and servient immovables shall bear the construction and maintenance expenses corresponding to the received benefit.
- (3)
- If the owner of a servient immovable has a maintenance obligation with respect to a construction or installation pursuant to law or the land register entry, the corresponding provisions concerning real encumbrances apply.
- (4)
- The owner of a dominant immovable has the right to use the servient immovable for performance of construction and maintenance work necessary for use of the servitude.
§ 180. Change in manner of exercise of real servitude
- (1)
- The owner of a servient immovable has the right to demand a change in the manner of exercise of the real servitude at the expense of the owner if the change in the manner of exercise may also achieve the current economic purpose of the real servitude and if the current manner of exercise as compared to the new manner is considerably more prejudicial to the interests of the owner of the servient immovable. The expenses related to the change in the manner of exercise of a servitude shall be paid by the owner of the servient immovable in advance.
- (2)
- The provisions of subsection (1) of this section are also valid in the case of the manner of exercise entered in the land register.
§ 181. Change of place of exercise of real servitude
- (1)
- If the exercise of a real servitude is confined to use of one part of the servient immovable and some other part is as suitable for such use, and the exercise of the real servitude on the current part as compared to some other part is considerably more prejudicial to the owner of the servient immovable, the owner has the right to demand that the real servitude be exercised on the other part of the immovable. The expenses relating to relocation shall be paid by the owner of the servient immovable in advance.
- (2)
- The provisions of subsection (1) of this section are also valid if the part of the immovable on which the real servitude is exercised is specified in the land register.
§ 182. Indivisibility of real servitude
- (1)
- A real servitude is indivisible.
- (2)
- If a dominant immovable is divided, the real servitude remains valid for the benefit of all parts.
- (3)
- If after division of a dominant immovable, exercise of the real servitude is confined to the interest of one part, the owner of the servient immovable has the right to demand deletion of the real servitude from the land register with respect to the other parts.
- (4)
- Upon division of a servient immovable, the real servitude remains valid with respect to all parts.
- (5)
- If after division of a servient immovable, the real servitude does not encumber or cannot encumber some of its parts, the owner of an unencumbered part has the right to demand deletion of the real servitude from the land register with respect to the owner's part.
§ 183. Rights of use of one and same ranking
If several servitudes or a servitude and another right of use which rank equally in the land register encumber an immovable and these rights cannot be fully or partly exercised together, each entitled person may demand exercise of the rights in a manner which most complies with the interests of all entitled persons.
§ 184. Removal of interference with real servitude
An entitled person has the right to demand termination of interference and refrainment from further interference from a person who interferes with the exercise of a real servitude by the entitled person.
§ 185. Interpretation of content of real servitude
- (1)
- If the rights and obligations arising from a servitude are clearly expressed in the land register entry, the content of the servitude shall be interpreted on the basis of the entry.
- (2)
- Within the scope of the entry, the basis for creation of a servitude and the manner in which the servitude has been exercised uncontested and in good faith during an extended period shall be taken into consideration in the interpretation of the content of the servitude.
- (3)
- In the interpretation of the content of a servitude, the provisions which are valid with respect to the class of servitudes shall be taken into consideration.
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