megastir Mega means big or large stir because I like to mix it up



Tuesday, July 22, 2003 :::
 

The Civil law code of Quebec

The Statute covering property

1181. A servitude is established by contract, by will, by destination of proprietor or by the effect of law.

It may not be established without title, and possession, even immemorial, is insufficient for this purpose.

1991, c. 64, s. 1181

1182. Servitudes are not affected by the transfer of ownership of the servient or dominant land. They remain attached to the immovables through changes of ownership, subject to the provisions relating to the publication of rights.

1991, c. 64, s. 1182.

1186. In no case may the owner of the dominant land make any change that would aggravate the situation of the servient land.

In no case may the owner of the servient land do anything that would tend to diminish the exercise of the servitude or to render it less convenient. However, he may, at his own expense, provided he has an interest in doing so, transfer the site of the servitude to another place where its exercise will be no less convenient to the owner of the dominant land.

1991, c. 64, s. 1186.

1191. A servitude is extinguished

(1) by the union of the qualities of owner of the servient land and owner of the dominant land in the same person;

(2) by the express renunciation of the owner of the dominant land;

(3) by the expiry of the term for which it was established;

(4) by redemption;

(5) by non-user for ten years.

1991, c. 64, s. 1191.








::: posted by Mega at 5:58 AM





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