The fruits produced by the thing belong to the owner only on condition that he reimburses the costs of ploughing, work and sowing carried out by third parties, the value of which is estimated at the date of reimbursement.
The simple possessor makes the fruits his own only where he possesses in good faith. Otherwise, he is bound to return the products with the thing to the owner who claims it; if the said products are not found in kind, their value is estimated at the date of repayment.
The possessor is in good faith when he possesses as owner, by virtue of a title transferring ownership of which he is unaware of the defects. He ceases to be in good faith from the moment these defects become known to him.
Everything that unites with and incorporates into the thing belongs to the owner, according to the rules that will hereinafter be established.
Property of the ground carries with it ownership of the land above and below. The owner may make above it all the plantations and constructions he deems appropriate, subject to the exceptions set out in the title “Of land easements or services”. He may make below it all the constructions and excavations he deems appropriate, and draw from these excavations all the products they may provide, subject to the modifications…
All constructions, plantations and works on land or in the interior are presumed to have been made by the owner at his own expense and to belong to him, unless the contrary is proved; without prejudice to the ownership which a third party may have acquired or may acquire by prescription either of an underground passage under the building of another, or of any other part of the building.
The owner of the land who has made constructions, plantations and works with materials that did not belong to him must pay the estimated value at the date of payment; he may also be ordered to pay damages, if appropriate: but the owner of the materials does not have the right to remove them.
Where the plantations, constructions and works have been made by a third party and with materials belonging to the latter, the owner of the land has the right, subject to the provisions of paragraph 4, either to retain ownership of them or to oblige the third party to remove them. If the owner of the land requires the removal of the constructions, plantations and works, it shall be carried out…
The landings and accretions that successively and imperceptibly form at the riparian bottoms of a watercourse are called “alluvium”. Alluvium benefits the riparian owner, whether the watercourse is state-owned or not; on condition, in the former case, that the footpath or towpath is left, in accordance with the regulations.
The same applies to the relays formed by running water which insensibly withdraws from one of its banks by bearing on the other: the owner of the uncovered bank benefits from the alluvium, without the riparian on the opposite side being able to come and claim there the land he has lost. This right does not arise with regard to the relays of the sea.
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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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