French Civil CodeIn force
Section 4: How easements are extinguished
Article 706
The easement is extinguished by non-use for thirty years.
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Showing 4671–4680 of 56536 articles for “Art. II & IV”
The easement is extinguished by non-use for thirty years.
The mode of the easement may be prescribed like the easement itself, and in the same manner.
Easements cease when things are in such a state that they can no longer be used.
Continuous servitudes which are not apparent, and discontinuous servitudes which are apparent or not apparent, can only be established by title. Even immemorial possession is not sufficient to establi…
The destination of the father of the family is equivalent to title in respect of continuous and apparent easements.
…ts without the contract containing any agreement relating to the easement, it continues to exist actively or passively in favour of or on the land disposed of..
They revive if things are restored in such a way that they can be used; unless a sufficient period of time has already elapsed to make it presumed that the easement has been extinguished, as stated in…
If the inheritance in favour of which the easement is established belongs to several par undivided, the enjoyment of one prevents prescription in respect of all.
When one establishes an easement, one is supposed to grant all that is necessary to use it. Thus the easement to draw water from another's fountain necessarily carries with it the right of way.
If, among the co-owners, there is one against whom prescription could not run, such as a minor, he shall have retained the right of all the others.
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