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Section 3: Rights of the owner of the land to which the easement is owed

Article 699 of the French Civil Code

In the very case where the owner of the land subject to the easement is charged by the title to make at his own expense the works necessary for the use or conservation of the easement, he may always free himself from the charge, by abandoning the land subject to the easement to the owner of the land to which the easement is due.

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Article 700 of the French Civil Code

If the inheritance for which the easement was established comes to be divided, the easement remains due for each portion, without, however, the condition of the land subject to it being aggravated. Thus, for example, if it is a right of way, all the co-owners will be obliged to exercise it through the same place.

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Article 701 of the French Civil Code

The owner of the land liable to the easement may do nothing which tends to diminish its use, or to render it more inconvenient. Thus, he may not change the state of the premises, or transfer the exercise of the easement to a place other than that to which it was originally assigned. But, however, if this original assignment had become more onerous for the owner of the land subject…

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Article 702 of the French Civil Code

On his part, one who has a right of easement may use it only according to his title, without being able to make, either in the land which owes the easement, or in the land to which it is owed, any change which aggravates the condition of the former.

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