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§ 237. Connection of real encumbrance to immovable
- (1)
- A real encumbrance transfers to each acquirer of an immovable together with the encumbered immovable regardless of the consent of the acquirer.
- (2)
- A real encumbrance established for the benefit of the actual owner of an immovable shall not be severed from the immovable.
- (3)
- A real encumbrance established for the benefit of a particular person shall not be connected to the immovable.
§ 238. Transferability of real encumbrance
- (1)
- A real encumbrance established for the benefit of a particular person may be transferred to another person if the real encumbrance is transferable by its nature and does not increase thereby.
- (2)
- A real encumbrance is not transferable if an individual obligation arising from the real encumbrance is not transferable.
§ 239. Liability for obligations arising from real encumbrance
- (1)
- An owner is liable with the encumbered immovable for performance of the individual obligations arising from a real encumbrance. Each individual obligation becomes a personal debt of the owner after three years from the creation of the right of claim.
- (2)
- The non-performed obligations of a previous owner which have not become personal debts of the previous owner shall be performed by the next owner of the immovable.
- (3)
- If an encumbered immovable is divided, the real encumbrance continues to be valid with respect to the individual parts and the owners of the individual parts are solidarily liable for performance of the obligations unless otherwise agreed.
§ 240. Validity of real encumbrance upon division of dominant immovable
- (1)
- Upon division of an immovable for the benefit of whose actual owner a real encumbrance is established (dominant immovable), the real encumbrance continues to be valid for the benefit of the parts.
- (2)
- If the obligations arising from a real encumbrance are divisible, the real encumbrance shall be divided among the parts specified in subsection (1) of this section according to their size. If the obligations are not divisible, the owners of these parts are solidarily entitled to demand performance.
- (3)
- Upon division of a dominant immovable, the owner of the immovable may specify that the real encumbrance is valid with respect to only one or several parts. The specification shall be entered in the land register.
- (4)
- If the owner of a dominant immovable transfers one part of the immovable without making provision for division of the real encumbrance, the real encumbrance remains valid with respect to the part of the immovable which is retained by the owner.
- (5)
- If due to its nature a real encumbrance is connected to one of the parts created upon division of the immovable, the obligated person may demand extinguishment of the real encumbrance with respect to the other parts.
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