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§ 186. Servitude of way
- (1)
- A servitude of footpath grants the right to walk or ride on a bicycle on a footpath through a servient immovable.
- (2)
- A servitude of livestock path grants the right to drive livestock and walk on a livestock path through a servient immovable. To facilitate the driving of livestock, an entitled person may build a fence or obstacles at the edge of the path if this is possible without causing damage to the owner of the servient immovable. A servitude of livestock path does not grant the right to pasture animals on the servient immovable.
- (3)
- A servitude of roadway grants the right to drive by vehicle on a road through a servient immovable. A servitude of roadway includes a servitude of footpath.
§ 187. Extent of servitude of way
- (1)
- If the location or width of a passage is not specified, the owner of the servient or dominant immovable has the right to demand specification of the location or width of the passage considering the interests of both the servient and dominant immovables and local circumstances.
- (2)
- Upon establishment of a servitude of way, restrictions may be established on the exercise thereof.
§ 188. Servitude of lines
A servitude of lines grants the right to convey gas, electricity, communication and other lines to one's immovable through the immovable of another.
§ 189. Servitude of aqueduct
- (1)
-
A servitude of aqueduct grants the right to:
- 1)
- convey water to one's immovable from a spring or other body of water of another or through an immovable of another (servitude of leading water);
- 2)
- convey water from one's immovable to or through the immovable of another (servitude of leading off water).
- (2)
- If the manner of conveying water is not specified, it is presumed that water is conveyed by pipe.
- (3)
- If leading off waste water by an open canal damages the immovable of another, the owner of the immovable may demand that the water be led off by pipe.
- (4)
- If the location or capacity of a canal or pipeline is not specified, it shall be specified pursuant to procedure provided for in section 187.
§ 190. Servitudes of access to water and of watering of livestock
- (1)
- A servitude of access to water grants the right to take water from a body of water of another for the needs of one's immovable and to use a footpath leading to the body of water (subsection 186 (1)).
- (2)
- A servitude of watering of livestock grants the right to water one's animals from a body of water of another and to use a livestock path leading to the body of water (subsection 186 (2)).
§ 191. Servitude of pasturage
- (1)
- A servitude of pasturage grants the right to pasture animals on the immovable of another in a manner and at a time corresponding to the local circumstances and customs.
- (2)
- A servitude of pasturage grants the right to drive livestock to the place of pasturage (subsection 186 (2)).
- (3)
- A servitude of pasturage does not deprive the owner of a servient immovable of the right to use the land encumbered with the servitude for one's housekeeping needs including the pasturage of animals.
§ 192. Servitude of support
- (1)
- A servitude of support grants the right to support one's construction or installation on a construction or installation of a neighbour and to demand that the neighbour maintain the supporting construction or installation. Maintenance shall occur at the expense of the entitled person unless otherwise prescribed by an agreement.
- (2)
- The provisions concerning real encumbrances apply to a maintenance obligation.
§ 193. Servitude of wall
A servitude of wall grants the right to affix or install beams, supports or other parts of a construction to a wall of a neighbour and to replace them with new ones.
§ 194. Servitude of projection
A servitude of projection grants the right to build on one's construction a balcony, shelter or other such part which projects over the immovable of a neighbour.
§ 195. Servitude of stillicide
A servitude of stillicide grants the right to permit water from rain or snow to flow from the roof of one's construction to the immovable of another both from the eaves and by a pipe.
§ 196. Servitude of height
A servitude of height grants the right to prohibit a neighbour from erecting a construction over a certain height.
§ 197. Servitude of light
A servitude of light grants the right to receive over the immovable of a neighbour natural light to a space the lighting of which is secured by the servitude.
§ 198. Servitude of prospect
A servitude of prospect grants the right to prohibit anything on a neighbouring immovable which hinders or significantly restricts the prospect secured by the servitude.
§ 199. Servitude of protective zone
A servitude of protective zone grants the right to establish a protective zone on an immovable of another or to restrict the use of some parts of the servient immovable for the protection of natural objects situated on the dominant immovable.
§ 200. Other real servitudes
In addition to the real servitudes provided for in this Act, other real servitudes which correspond to the definition and content of a real servitude may be established.
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