Article 698 of the French Civil Code
These works shall be at its expense, and not at the expense of the owner of the land subject to the easement, unless the title establishing the easement states otherwise.
These works shall be at its expense, and not at the expense of the owner of the land subject to the easement, unless the title establishing the easement states otherwise.
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.
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.
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…
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.
Easements cease when things are in such a state that they can no longer be used.
They revive if things are restored in such a way that they can be used; unless a sufficient period of time has already elapsed to make it presumed that the easement has been extinguished, as stated in Article 707.
Any easement is extinguished when the land to which it is owed, and the one who owes it, are united in the same hand.
The easement is extinguished by non-use for thirty years.
The thirty years begin to run, according to the various types of easement, either from the day when enjoyment ceases, in the case of discontinuous easements, or from the day when an act contrary to the easement is done, in the case of continuous easements.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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