Civil Code Article 859-1June 19, 2019

When a servitude of real property is extinguished, the provision of Article 839 shall apply mutatis mutandis to the construction made by the owner of a dominant real property.

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Civil Code Article 859June 19, 2019

Where the continuance of all or part of the servitude of real property is no longer necessary, the court may, on the application of the owner of the servient real property, declare such servitude of real property extinguished upon the part of which the continuance is no longer necessary. "A servitude of real property is extinguished by virtue of destruction or failure in use of the dominant real property.

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Civil Code Article 859-2June 19, 2019

The provisions of Article 834 to Article 836-3 shall apply mutatis mutandis to a servitude of real property.

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Civil Code Article 859-3June 19, 2019

When using the dominant real property is based on a right in rem for the purpose of benefiting from its use or a lease, a servitude of real property may be created for the said real property. "The servitude of real property as specified in the preceding paragraph is extinguished when the right in rem for the purpose of benefiting from its use or the lease is extinguished.

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Civil Code Article 859-4June 19, 2019

A servitude of real property may be created on one’s own real property.

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Civil Code Article 859-5June 19, 2019

The provisions of Article 851 to 859-2 shall apply mutatis mutandis to the preceding two paragraphs.

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