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Easement!

Royal University of Law and Economics English Language Based Bachelor of Law Program

Course: Land Law Lectured by: Dr. Phalthy Hap

2014

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Outline !-  Easement in Civil Code

-  Easement in Land Law

-  Land Law Civil Code

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Easement in Civil Code (1) !-  Easement: “Right to use another’s land for

the benefit of one’s own land in

accordance with the purpose specified in

the contract.” (CC285(1))

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Easement in Civil Code (2) !-  Picture of Easement:

River Easement

A Servient Water pipe from river land

B Dominant Water station land

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Easement (3) !-  May be created:

  In writing or not in writing (CC286) take precedence over easement which is not made in writing

can be extinguished anytime:

1 month after the request

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Easement (4) !-  Can contest against the third party if

registered. (CC287)

-  Have existence over lease, perpetual lease,

usufruct and right of use and residence

(CC288)

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Easement (5) !-  Can be assigned if the dominant land is

assigned. (CC289(1))

-  Cannot be assigned or become the subject

of other rights via the separation from the

ownership of dominant land. (CC289(2))

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Easement (6) !•  The right of the easement holder:

  May erect structures necessary for the exercise of the

easement on the servient land.(CC292(1))

  May exercise the same right to demand return, to

remove disturbance and to prevent disturbance vis-à-

vis the infringement of the easement as the owner.

(CC294)

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Easement (7) !•  Obligation of the easement holder:

  May not use the servient land beyond the scope stated in the contract. (CC291(1))

  may not alter the servient land or the dominant land in a manner that could have serious adverse impacts on the condition of the servient land. (CC291(2))

  pay the expenses of erection and maintenance of structures necessary for the exercise of the easement. (CC293(1))

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Easement (8) !•  Rights and obligations of owners of

servient land:   If there is special agreement for the owner of the

servient land to pay the expenses of erection and maintenance of structures and such agreement is registered, the burden thereof shall pass to any person who acquires the ownership of the servient land. (CC293(2))

  However, the owner of servient land can release from the above obligation if he/she relinquishes the ownership of that portion. (CC295(1))

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Easement (9) !•  Rights and obligations of owners of

servient land:   Cannot not obstruct the exercise of the

easement or do anything that reduces the utility thereof. (CC290(1))

  Cannot change the land that is originally agreed to be the servient land to other land without the consent of the easement holder. (CC290(2))

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Easement (10) !•  Easement extinguishes:  The dominant land is completely

destroyed. (CC297)  Ownersh ip o f se rv ien t l and i s

relinquished or transferred to the easement holder. (CC295(2))

 Court judgment through the claim from owner of servient land. (CC291(3, 5))

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Easement in the 2001 Land Law !•  Article 148

 The determination of border along the

public roads.

 The construction of fences or buildings

along the public roads

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Land Law Civil Code!•  The general principles of neighboring land

is not under the provision of easement in

the Civil Code. (CC143-154)

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References 1.  The 2001 Land Law 2.  The 2007 Civil Code

Thank You!

Q & A