Civil Code

A servitude holder has the right to use another person's land for the convenience of their own lands in accordance with purposes prescribed in the act establishing the servitude; provided, however, that this right must not violate the provisions (limited to those that relate to public policy) under Section 1 of Chapter 3 (Extent of Ownership).

Servitudes are transferred together with the ownership in the dominant land (meaning the land of a servitude holder, enjoying benefits from another person's land; the same applies below) as its appurtenances, and are subject of other rights that exist in relation to the dominant land; provided, however, that this does not apply if the act establishing the servitude provides otherwise.

Servitudes may neither be transferred nor made the subject of other rights apart from the dominant land.

One of the co-owners of land may not terminate, with respect to that owner's own interest, a servitude that exists on behalf of or in relation to the land.

If the land is partitioned or portion of the land is transferred to another person, the servitude exists on behalf of or in relation to the respective portions of the same; provided, however, that this does not apply if the servitude, by its nature, relates only to a portion of the land.

A servitude may be acquired by prescription so long as it is continuously exercised and can be externally recognized.

If one of the co-owners of land acquires a servitude by prescription, the other co-owners also acquire the same servitude.

Renewal of period of prescription does not become effective against co-owners unless it is made against each co-owner that exercises the servitude.

If there are two or more co-owners that exercise a servitude, even if there is any ground for postponement of expiration of prescription period with respect to one of them, the prescription runs in favor of each co-owner.

If water on servient land (meaning a land of a person other than the servitude holder, made available for the benefit of the dominant land; the same applies below) subject to a servitude for water use is insufficient for the demand of the dominant land and the servient land, the water is to be used in proportion to the demand on each parcel of land, firstly for household purposes with the remaining portion used for other purposes; provided, however, that this does not apply if the act establishing the servitude provides otherwise.

If more than one servitude for water use is created with respect to the same servient land, the subsequent servitude holders may not prevent the use of water by the previous servitude holders.

If the owner of servient land has borne obligations to install or repair structures for the exercise of a servitude at that owner's own expense by the act establishing the servitude or by a contract concluded after the establishment, specific successors of the owner of the servient land also bear those obligations.

An owner of servient land may be exempted from obligations of the preceding Article at any time by abandoning the ownership in the portion of the land necessary for the servitude and transferring the same to the servitude holder.

The owner of a servient land may use structures installed on the servient land for the exercise of the servitude to the extent the use does not obstruct the exercise of that servitude.

In the cases referred to in the preceding paragraph, the owner of the servient land must bear the expense for the installation and preservation of the structures in proportion to the benefit that owner receives.

If a possessor of servient land has possessed that land in conformity with the necessary requirements for acquisitive prescription, the servitude is extinguished thereby.

The extinctive prescription under the preceding Article is renewed by the servitude holder exercising the relevant rights.

The period of the extinctive prescription provided for in Article 166, paragraph (2) commences upon the final exercise of the servitude if the servitude is not exercised continuously, and upon the occurrence of a fact that prevents the exercise of the servitude if the servitude is exercised continuously.

If dominant land is co-owned by more than one person, and expiry of prescription period is postponed or prescription period is renewed in favor of one co-owner, the postponement of expiration of prescription period or the renewal of prescription period is also effective for the benefit of other co-owners.

If a servitude holder does not exercise a portion of that holder's rights, only that portion is extinguished by prescription.

Rights of common that do not have the nature of co-ownership are governed by local customs and are otherwise subject to the mutatis mutandis application of the provisions of this Chapter.