Title 6

An easement is a burden with which an immovable property – the servient tenement – is encumbered for the benefit of another immovable property – the…

The burden that an easement imposes on the servient tenement consists of an obligation to tolerate or to refrain from doing something on, above, or…

Easements may be created by establishment and by prescription.

The content of the easement and the manner of its exercise are determined by the deed of creation and, insofar as the deed lacks provisions in that…

The exercise of the easement must take place in the manner least burdensome to the servient estate.

The owner of the dominant tenement is authorised to perform, at his own expense, everything on the servient tenement that is necessary for the…

When the dominant tenement is divided, the easement shall continue to exist for the benefit of each part for which it may be of use.

If the dominant or the servient estate belongs to two or more persons, whether as joint owners or as owners of separate parts thereof, they are…

The court may, upon the claim of the owner of the servient tenement, amend or extinguish an easement:

The court may, upon the claim of the owner of the servient estate, extinguish an easement if the exercise thereof has become impossible or if the…

The court may, upon the claim of the owner of the dominant tenement, amend the content of an easement in such a way that the possibility of exercise…

The court may grant a claim as referred to in Articles 78 to 80 inclusive, subject to conditions to be stipulated by it.

If the owner of the dominant estate wishes to waive his right on account of the burdens and obligations attached to the easement at his own expense…

If, at the time when the dominant and the servient estate come under the same ownership, a third party has the use of one of the estates by virtue of…

A person who holds a right of ground lease (erfpacht), right of superficies (opstal), or usufruct (vruchtgebruik) on an immovable property may…