Post by account_disabled on Dec 31, 2023 6:01:56 GMT -5
Abe able to change the place through which the servitude is exercised to the extent that the exercise of the servitude remains as convenient for the owner of the dominant fund. OWNER OF THE DOMINANT FUND the owner of the dominant fund can take all the measures and can do at his own expense all the works to exercise and preserve the servitude. Exception if the works carried out for the exercise of the servitude are necessary and benefit including the enslaved fund then the expenses related to the preservation of these works fall to the owners in proportion to the advantages obtained.
In all cases where the expenses of the works necessary for the exercise and Country Email List conservation of the servitudes fall to the owner of the enslaved fund he will be able to exonerate himself from the obligation by renouncing the ownership right over the enslaved fund in its entirety or over the part of the enslaved fund necessary for the exercise of the servitude in favor of the owner of the dominant fund . cannot aggravate the situation of the enslaved fund cannot cause damage to the owner of the enslaved fund by exercising the servitude. CASE OF DISTRIBUTION OF FUNDS case The dominant fund splits the servitude may be exercised for the use and utility of each party without the situation of the enslaved fund being aggravated. case.
The encumbered fund is divided the servitude can be exercised for the use and utility of the dominant fund on all parts resulting from the division Note ifthe servitudeis exercisedfor the exclusive use and utilityof one of the partsseparated from the dominant fund or can only be exercised on one of the parts separated from the subordinated fundthe servitude over the other parts is extinguished. Redemption of servitude by the owner of the encumbered fund if there is a clear disproportion between the utility it provides to the dominant fund the inconvenience.
In all cases where the expenses of the works necessary for the exercise and Country Email List conservation of the servitudes fall to the owner of the enslaved fund he will be able to exonerate himself from the obligation by renouncing the ownership right over the enslaved fund in its entirety or over the part of the enslaved fund necessary for the exercise of the servitude in favor of the owner of the dominant fund . cannot aggravate the situation of the enslaved fund cannot cause damage to the owner of the enslaved fund by exercising the servitude. CASE OF DISTRIBUTION OF FUNDS case The dominant fund splits the servitude may be exercised for the use and utility of each party without the situation of the enslaved fund being aggravated. case.
The encumbered fund is divided the servitude can be exercised for the use and utility of the dominant fund on all parts resulting from the division Note ifthe servitudeis exercisedfor the exclusive use and utilityof one of the partsseparated from the dominant fund or can only be exercised on one of the parts separated from the subordinated fundthe servitude over the other parts is extinguished. Redemption of servitude by the owner of the encumbered fund if there is a clear disproportion between the utility it provides to the dominant fund the inconvenience.