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Individual Ownership

TITLE VII. INDIVIDUAL OWNERSHIP
CHAPTER 1. Acquisition, transfer, extinction and proof of ownership
Section 1. Acquisition of ownership
Paragraph 1. Occupation

Art. 1151.- Principle.

Whosoever takes possession of a corporeal chattel which has no master with the intention of becoming the owner thereof shall acquire the ownership of such chattel.

Art. 1152.- Animals.

(1)    Tamed or captive animals shall become things without a master where they escape from the control of their owner and he does not attempt to recapture them within the following month or he cease for one month to attempt to recapture them.
(2)    The provisions of sub-art (1) shall not apply to animals of the equine or asinine species or cross-breedings thereof nor to camels and animals of the bovine species.

Art. 1153.- Bees.

(1)    Bee swarms which have left their hive shall be deemed to be things without a master.
(2)    The person in whose hive they settle down shall become the owner of such swarms by virtue of occupation.
(3)    The former owner may takes them back where he chases them and arrives where they have settled immediately afterwards.

Art. 1154.- Object found.- 1. Duties of finder.

(1)    Whosoever finds and takes possession of a corporeal chattel shall comply with the administrative regulations requiring him to report his find.
(2)    Failing such regulations, he shall take all appropriate steps to make his find known and make such investigations as are required in the circumstances with a view to informing the owner of his find.

Art. 1155.- 2. Possession of object.

(1)    The finder who has carried out the duties prescribed by Art. 1154 shall retain in his possession the thing found.
(2)    He shall in such a case take all reasonable steps for its preservation.

Art. 1156. 3. Sale of object.

(1)    The finder may sell the object found at a public auction where it is exposed to rapid deterioration or its custody is onerous.
(2)    The proceeds of the sale shall in such a case replace the thing sold.

Art. 1157.- 4. Recovery of object by owner.

(1)    The owner of the object may require its restitution so long as he has not lost the ownership thereof.
(2)    He shall in such a case refund all expenses incurred by those who have found and kept such object.

Art. 1158.- Reward to finder.

(1)    The court may, where appropriate, grant to the finder a reward not exceeding one quarter of the value of the object found.
(2)    In deciding whether a reward ought to be granted and in fixing its amount, the court shall have regard to the financial position of the parties concerned and the chances the owner had of finding the object himself.
(3)    The right to apply for a reward shall be barred where the finder does not exercise it within the year following restitution.

Art. 1159.- Treasure.

(1)    A treasure shall become the property of the owner of the land or thing in which it was found.
(2)    The finder is entitled to a reward equal to one half of the value of the treasure.
(3)    Things of which nobody can be shown to be the owner shall be deemed to be treasures where it appears certain, at the time of their discovery, that they have been buried or hidden for not less than fifty years.

Art. 1160.- Antiques.

Nothing shall affect the provisions of special laws or regulations relating to archaeological excavations and antiques.

Paragraph 2. Possession in good faith

Art. 1161.- Principle.

(1)    Whosoever in good faith enters for consideration into a contract to acquire the ownership of a corporal chattel shall becomes the owner thereof by virtue of his good faith when he takes possession of such chattel.
(2)    His rights shall not be affected by the fact that the person with whom he contracted     had no valid title.

Art. 1162.- Definition and proof of good faith.

(1)    Whosoever acquires a corporeal chattel shall be deemed to be in good faith where he believes that he is contracting with a person entitled to transfer the thing to him.
(2)    The good faith of the acquirer shall be presume saving evidence to the contrary.

Art. 1163.- Time when good faith must exists.

(1)    Good faith must exist at the time of the entry into possession.
(2)    Discovery by the possessor that he acquired the thing from a person who was not entitled to transfer the ownership thereof shall be of no effect where such discovery occurs after he entered into possession.

Art. 1164.- When ownership can not be reclaimed.

(1)    Whosoever voluntarily relinquishes the ownership of a corporeal chattel may not reclaim it from the person who has become owner thereof in good faith.
(2)    He may not raise against him the fact that the person into whose hands he relinquished his property acted fraudulently.

Art.  1165.- Possibility of reclaiming stole property.

(1)    Any person from whom a corporeal chattel was stolen may reclaim it from the person who has become owner thereof in good faith.
(2)    Such claim shall be barred if it is not made within three years from the time when the theft occurred.

Art. 1166.- Indemnity due to the possessor.

Where the person from whom  the property is reclaimed acquired it from a tradesman dealing in similar articles, in market overt or at a public auction he may require the seller to reimburse him with the price he paid.

Art. 1167.- Currency and securities to bearer.

(1)    Currency or securities to bearer may in no case be claimed from person who acquired them in good faith.
(2)    They may not be claimed either from a person who acquired them from a third party in good faith.

Paragraph 3. Usucaption

Art. 1168.- Principle.

(1)    The possessor who has paid  for fifteen consecutive years the taxes relating to the ownership of an immovable shall become the owner of such immovable:
Provided that no land which is jointly owned by members of one family in accordance with custom may be acquired by usucaption and any member of such family may at any time claim such land.
(2)    Nothing in this Article shall affect the provisions of title VI, Chapter 2, of this Code (Art. 1140-1150)

Art. 1169.- Reference.

(1)    Those provisions of the Title of this Code dealing with contracts in general which relate to the interruption of limitation periods shall apply in matters of usucatption (Art. 1851 and 1852).
(2)    Those provisions of the same Title which lay down the conditions on which limitation may be raised, enforced or waived shall also apply in matter of usucaption (Art. 1853-1856).

Paragraph 4. – Accession.

Art. 1170.- Increases.

(1)    Whosoever owns a thing shall own the natural fruits thereof.
(2)    Periodical products of a thing and anything which may according to usage be derived from a thing in conformity with its purpose shall be deemed to be fruits.

Art. 1171.- Increase from breeding.

(1)    As regards ownership, increase from breeding shall follow the mother.
(2)    The owner of the mother shall be the owner of the increase.

Art. 1172.- Crops. -1. Against will of landowner.

(1)    Whosoever sows seeds in land the property of another against the clearly expressed will of the landowner may neither till nor reap what he has sown.
(2)    Where the harvest has been reaped the whole crop shall be the property of the landowner.
(3)    The provisions of this Article shall apply where the landowner was unable to object to  the sowing.

Art. 1173.-  2. Without objection by landowner.

(1)    Whosoever sows seeds in land the property of another without the landowner objecting to the sowing may till and reap what he has sown. He shall clear the land after the harvest has been reaped.
(2)    Where the sower acted in the belief that he was the owner of the land or was entitled to sow seeds therein, one quarter of the crop shall devolve upon the sower and three quarters upon the landowner.
(3)    Where the sower knew that he was not the owner of the land or was not entitled to sow seeds therein, the whole crop shall be the property of the landowner.
(4)    The provisions of this Article shall apply notwithstanding that the landowner was aware of the sowing and failed to object thereto.

Art. 1174.- 3. Claim by landowner.

(1)    The landowner shall be entitled to the crop or a share therein in accordance with the provisions of Art. 1172 and 1173 regardless of whether his land was previously cultivated or not.
(2)    Where the crop has been sold, given away or consumed, the landowner shall be entitled to the value which the crop or his share therein would have had on the day on which he makes his claim.
(3)    The right of the landowner to claim the crop or a share therein shall be barred if it is not exercised within one year from the reaping of the crop.

Art. 1175.- Plantations. -1. Against will of landowner.

(1)    whosoever plants trees on land the property of another against the clearly expressed will of the landowner shall have no right on such trees.
(2)    He shall not be entitled to any compensation for the enrichment thereby occasioned to the landowner.
(3)    He  shall bear the costs incurred in removing the trees, where the landowner orders there removal.

Art. 1176.- 2. With landowner’s permission.

(1)    Where the plantation was made with the permission of the landowner, the latter may at any time acquire the full ownership of the trees against payment of compensation the amount of which shall be fixed by agreement between the parties.
(2)    Failing agreement, the provisions of Art. 1177 shall apply.

Art. 1177.- 3. Compensation.

(1)    The amount of the compensation provided in Art. 1176 shall be equal to one half of the value of the profits which are likely to be derived from the trees during a period of ten years, where such trees are normally grown for their products.
(2)    It shall be equal to one half of the value which the trees are likely to have after a period of ten years, where such trees are normally not grown for their products.
(3)    The period of ten years specified in sub-art. (1) and (2) shall run from the day on which the landowner expressed his intention to terminate the joint ownership.

Art. 1178.- Buildings. -1. Against will of landowner.

(1)    Whosoever has  erected a building on land the property of another against the clearly expressed will of the landowner shall have no right on such building.
(2)    The landowner may at his option evict the builder or order him to take the building down without compensation in either case.
(3)    The provisions of this Article shall apply where the landowner was unable to object to the building.

Art. 1179. 2. Without  objection by landowner.

(1)    Whosever has erected a building on land the property of another without the landowner objecting to the building shall be the owner of such building.
(2)    The landowner may evict the builder against payment of compensation the amount of which shall be fixed by agreement between the parties or, failing agreement, in accordance with the provisions of Arr. 1180. The builder may at any time take the building down at his own expense and clear the land.
(3)    The provisions of this Article shall not apply unless the landowner was aware of the building and failed to object thereat.

Art. 1180.-  3. Compensation.

(1)    The amount of the compensation due to the builder in the case mentioned in Art. 1179 (2) shall be fixed in accordance with the provisions of the Title of this Code relating to “Compromise and Arbitration” (Art. 3307-3346).
(2)    Such amount shall be reduced by three-quarters where the builder knew or should have known that he was not the owner of the land or was not entitled to erect a building thereon..

Art. 1181.- Using material the property of another.

(1)    A landowner who makes buildings, plantations or works with material the property of another shall become the owner of such material.
(2)    He shall refund the value of the material and may be ordered to pay damages, where appropriate.
(3)    The owner of such material may not take it back.

Art. 1182.- Specification.

(1)    Where a person has worked with or transformed a substance which did not belong to him, the new article shall become  the property of the worker where the labour supplied is of greater value than that of the substances.
(2)    Where the worker did not act in good faith, the court may allot the new thing to the owner of the substance even thought the value of the laboru supplied is greater.
(3)    Nothing shall affect the provisions of the Title of this Code relating to “Extra-contractual Liability and Unlawful Enrichment” (Art. 2027-2178).

Art. 1183.- Merger and embodiment.

(1)    Where things belonging to several owners are mixed together or embodied in such a manner that they can not be separated without appreciable deterioration or only at the cost of excessive labor or expenses, the parties concerned shall become joint owners of the new thing pro rata to the value of its component parts prior to the mixture or embodiment.
(2)    Where tow things are mixed together or embodied but  one of them must be regarded as an accessory to the other, the new thing shall belong to the owner of the principal thing,.
(3)    Nothing shall affect the provisions of the Title of this Code relating to “Extra-contractual Liability and Unlawful Enrichment” (Art. 2027-2178)

Section 2. Transfer of ownership.

Art. 1184.-  Cause of transfer.

Ownership may be transferred by virtue of law or in pursuance of agreements entered into by the parties.

Art. 1185.-  Immovable property.

Any entry in the registers of immovable property shall be required for the purpose of transferring by contract or will the ownership immovable property.

Art. 1186.- Corporeal chattels.

(1)    The ownership of corporeal shall be transferred to the purchaser or legatee at the time when he takes possession thereof.
(2)    Nothing in this Article shall  affect the provisions of special laws or regulations relating to special kinds of corporeal chattels.

Art. 1187.-Limited ownership.

Provisions  to the effect that ownership shall be transferred at  a different time than that fixed in the preceding Articles shall not affect third parties unless the latter have accepted such provisions or such provisions have been given publicity though registration in a public registry in accord.

Section 3. Extinction of ownership

Art. 1188. Loss of thing.

Ownership shall be extinguished where the thing to which it extends is destroyed or loses its individual character.

Art. 1189.- Acquisition by third party.

Ownership shall be extinguished where it is acquired by, or transferred to, a third party in accordance with law.
Art. 1190.- Striking off register.
The ownership of an immovable shall be extinguished where the entry relating to such immovable is struck off the register of immovable property.

Art. 1191.-   Waiving of right.

The  ownership of corporeal chattels shall be extinguished where the owner express in an  unequivocal manner his intention to waive his right as an owner.

Art. 1192.- Prescription.

The owner of a corporeal chattel shall lose his rights as an owner where he failed to exercise them for a period of ten years by reason of his not knowing where such chattel was or that he was the owner thereof.

Section 4. Proof of ownership

Art. 1193.- Corporeal chattels.

(1)    Whosoever is in possession of a corporeal chattel shall be deemed to posses it on his own behalf and to be the owner thereof.
(2)    Whosoever disputes such ownership shall have to show that the presumption laid down in sub-art, (1) is not justified in the circumstances.

Art. 1194.- Immovables. -1. Vacant immovables without a master.

Immovables situate in Ethiopia which are vacant and without a master shall be the property of the State.

Art. 1195.- 2. Title deeds.

The issue by the  administrative authorities of a title deed to the effect that a given immovable belongs to a given person shall raise a presumption that such person is the owner of such immovable.

Art. 1196.- Proof to the contrary.

    The presumption laid down in Art. 1195 shall be rebutted where it is shown that:
(a)    the title deed was not issued in accordance with the law or was issued by an authority having no jurisdiction; or
(b)    the title deed was issued on the basis of an invalid act; or
(c)    the plaintiff acquired the ownership of the immovable after the day on which the title deed was issued.

Art. 1197.- Duties of administrative authorities.

(1)    Prior to issuing to a person a title deed relating to an immovable, the administrative authorities shall require that the title deed previously issued to  another person in relation to the same immovable be returned to them so that it may be cancelled.
(2)    Where it is alleged that such previous title deed has been lost or destroyed, the administrative authorities shall required the person applying for a new title deed to produce sufficient security to cover such damage as may be caused to third parties by reason of the previous title deed not having been cancelled.

Art. 1198.- Liability of the State.

(1)    The State shall be liable for any damage caused to a person who has acquired a right o an immovable on the basis of a title deed which was not issued in accordance with the law or was issued by an authority having no jurisdiction.
(2)    The State shall be liable for any damage caused to a person who has acquired a right on an immovable on the basis of a title deed which the administrative authorities failed to cancel.

Art. 1199.- Demarcation of lands.

(1)    The boundaries of lands shall be determined in accordance with the cadastral survey plan and the boundary marks fond on the land.
(2)    The boundaries appearing in the cadastral survey plan shall prevail where they  differ from those pointed out on the land.
Art. 1200.- Buildings, plantations and works.
(1)    All buildings, plantations and works on land shall be deemed to have been made by the owner at his own expense and to be his property.
(2)     Evidence ma be produced to rebut the presumption laid down in sub-art. (1)

Art. 1201.- Party-walls

(1)    Any wall or fence separating two parcels of land shall be deemed  be jointly owned by the owners of such parcels, unless one parcel of land only is fenced in.
(2)    Evidence may be produced to rebut the presumption laid down in sub-art. (1).

Art. 1202.- Ditches.

(1)    A ditch shall not be deemed to be joint property where the embankment is to be found on one side of the ditch only.
(2)    The ditch shall be deemed to be the sole property of the owner of the land on which the embankment is.
(3)    Evidence may be produced to rebut the presumptions laid down in sub-art. (1) and (2)

Art. 1203.- Water gas and electrical supply.

(1)    Water and gas pipes, electrical and other lines shall be deemed to be accessories of the undertaking from which they originate and to be the property of the owner of such undertaking.
(2)    Evidence may be produced to rebut the presumption laid down in sub-art. (1).

Chapter 2. Rights and duties of owner
Section 1. General provisions.

Art. 1204.- Definition.

(1)    Ownership is the widest right that may be had on a corporeal thing.
(2)    Such right may neither be divided nor restricted except in accordance with the law.

Art. 1205.- Scope of right.

(1)    Without prejudice to such restrictions as are prescribed by law, the owner may use his property and exploit it as he thinks fit.
(2)    He may dispose of his property for consideration or gratuitously, inter vivous or mortis causa.

Art. 1206.-  Right to reclaim property.

The owner may claim his property form any person who unlawfully possesses or holds it and may oppose any act of usurpation.

Section 2. Special rules regarding immovable property

Art. 1207.- Fences.

    An owners may fence his land.

Art. 1208.- Boundary marks.

Where the boundaries of parcels of land are uncertain, each landowner shall, if to required by his neighbor, assist in ascertaining such boundaries.

Art. 1209.- Ownership of subsoil.

Ownership of land shall extend below the surface of the land to the extent necessary for the use of the land.

Art. 1210.- Excavations or works underground.

An owner who makes excavations or works below the surface of his land shall not shake his neighbor’s land, expose it to damage or endanger the solidity of the works thereon.

Art. 1211.- Ownership above the land.

Ownership  of land shall extend above the surface of the land to the extent necessary for the use of the land.

Art. 1212.- Branches and roots.

(1)    An owner whose land is encumbered by branches or roots springing from adjoining land may apply to the court to order his neighbor to cut such branches or roots within one month.
(2)    The owner of a land may, without having to make a request, cut as from the boundary all roots rising on his land.

Art. 1213.-Buldings and plantations.

    An owner may make on his land such buildings or plantations as he thinks fit.

Art. 1214.- Works above or below land.- 1. Principle

(1)    Buildings and other works constructed above or below a parcel of land or permanently united therewith may have a distinct owner.
(2)    The rights of such owner shall be subject to the provisions relating to servitudes (Art. 1359-1385).

Art. 1215.- 2. Restriction.

(1)    Nothing shall affect the provisions relating to the joint ownership of pats of a building (Art, 1281-1308).
(2)    Nothing shall affect the provisions of Art. 1178-1180.

Art. 1216.-  Access prohibited.

    An owner may prohibit third parties from entering on his land.

Art. 1217.- Trespass necessary. – 1. Imminent damage or danger.

(1)    Where a person cannot protect himself or another from an imminent damage or actual danger except by entering on somebody else’ land, the owner thereof shall permit access.
(2)    The owner may claim compensation for any damage thereby caused.

Art. 1218.- 2. Repair of wall or buildings.

(1)    Access to land shall be permitted where it is necessary for the purpose of repairing a wall or building set up on adjoining land.
(2)    The owner may claim compensation for any damage thereby caused.

Art. 1219.- 3. Lost things or animals.

(1)    Where things have been carried away or animals such as cattle, bee swarms or poultry have strayed on somebody else’s  land by the operation of a natural force or in consequence of a fortuitous event, the owner of the land shall allow the interested person to enter on his land for purposes of search and removal.
(2)    The owner may claim compensation for any damage thereby caused and shall have a right to detain the lost things or animal.
(3)    The owner may prohibit access where he himself immediately searches the lost thing or animal and returns is to the interested person.

Art. 1220. Pipes.

(1)    An owner shall, against full payment in advance of compensation for the damage thereby caused, allow the installation on his land of water, gas or electrical lines or similar works to the benefit of other lands.
(2)    The installation shall be made with minimum disturbance to the land encumbered.
(3)    The owner may at any time required that the installation be removed at his own expense and placed on some other part of the land.

Art. 1221.- Right of away. -1. Principle.

An owner whose land constitutes an enclave or whose access to public ways is not sufficient to enable him to exploit his land may demand right of way from his neighbor against payment of compensation proportionate to the damage that may be caused thereby.

Art. 1222.-  2. Demand against whom made.

(1)    Right of way shall be demanded from the neighbor form whom it is the more reasonable to demand it.
(2)    For this purpose, regard shall be had to the position of the lands, the access thereto, the exigencies of the enclosed land and the  inconvenience occasioned to the encumbered land.

Art. 1223.- 3. Division of land.

Where the enclave arises from the division of land by sale, barter partition or any  other contract, right of way shall be demanded from the original owner.

Art. 1224.- 4. Works necessary.

The owner of a right of way shall maintain such right of way and shall cause the least damage possible to the land over which such right of way passes.

Art. 1225.- Abuse of ownership. -1. Principle.

(1)    The owner shall not cause nuisance or damage to his neighbor.
(2)    He shall not cause smoke, soot, unpleasant smells, noise or vibrations in excess of good neighborly behavior.
(3)    Regard shall be had to local custom, the position of the lands and the nature thereof.

Art. 1226.- 2. Penalty.

An owner who is caused or threatened with damage by reason of another owner abusing his rights may require such owner to repair the damage caused or prevent the occurrence of damage without prejudices to any claim for damages.

Art. 1227.- Restrictions on ownership binding.

(1)    The restrictions on ownership in this Section shall apply without entry in the registers of immovable property.
(2)    They may not be waived nor altered by agreement between the parties.

Section 3. Ownership and use of water.

Art. 1228.—Use by community.

(1)    The community shall have priority in the usage of al running and still water.
(2)    Such water shall be controlled and protected by the competent authority.

Art. 1229.-  Appropriation of water.

Water shall be private property where it is collected in a man-made reservoir, basin or cistern from which it does not flow naturally.

Art. 1230. Legal provisions regarding water.

(1)    The conditions on which water may be appropriated or sued and the rights of use or servitudes to which it may be subject shall be as laid down in this Title.
(2)    Nothing shall affect the provisions of this Code relating to the collective exploitations of irrigation or drainage areas (Art. 1501-1534).
(3)    Nothing shall after the provisions of special laws and administrative regulations, whether of general or local application.

Art. 1231.- Power of the court.

(1)    In deciding on a dispute arising between tow person to whom water may be of use, the court shall reconcile the conflicting interests with the respect due to ownership.
(2)    Unless otherwise provided by law, any infringement of rights of ownership shall give rise to compensation.

Art. 1232.- Domestic use. -1. Right of owner.

A landowner may use the water on, below, running through or bordering his land for his personal use, that of the persons living with him and for watering his cattle.

Art. 1233.- 2. Right of neighbor.

A landowner who has water in excess of what he requires for domestic purposes shall give his neighbors the water indispensable for their domestic use, where they cannot get water elsewhere except at exaggerated costs.

Art. 1334.- 3. Right of neighbors how exercised.

(1)    The landowner may regulate in a reasonable manner the exercise of the right granted to his neighbors under Art. 1233.
(2)    He may require a fair compensation where his rights as an owner are notably reduced or impaired by the neighbors exercising their right.

Art. 1235.- Prohibited works

(1)    Whosoever is entitled to use a well, spring or other water, whether running or still, may object to the construction of any work such as a sewer or latrine, capable of polluting the  water used by him.
(2)    He may required that any such work done in disregard of this rights be destroyed.

Art. 1236.- Irrigatin.-1. Right of owner.

(1)    An owner whose land is crossed or bordered by running water may use such water for irrigating his land.
(2)    Such right may not be exercised to the detriment of those who, o the land or downstream, use such water for domestic purposes or to water their cattle.

Art. 1237.- 2. Priority of domestic use.

(1)    Where the use of water for purposes of irrigation is or may be detrimental to persons downstream who use such water for purposes other than domestic, the said persons may, where they show the existence of vested rights to their benefit, object to the water being used for irrigation.
(2)    There shall be deemed to be vested rights on the use of water for purposes other than domestic where apparent or notorious works or installations have been done on the ground with a view to using the water for such purposes.

Art. 1238.- 3. Penalty.

Where the existence of vested rights is proved, the court shall order the cessation or purring out of use of the works or installations done on the land upstream to the extent that they are incompatible with such vested rights.

Art. 1239.- 4. Compensation.

The owner of the land upstream shall be entitled to compensation where the exploitation of his land is impaired or rendered impossible by the prohibition from using water crossing or bordering his land.

Art. 1240.- 5. Amount of compensation.

(1)    The court shall fix in accordance with equity the amount of compensation due under Art. 1239.
(2)    In making its decision, the court shall have regard to all the circumstances of the case and in particular to the decrease in the value of the land which the prohibition from using water entails and to the profit derived from the use of the water by the persons downstream.
(3)    Compensation shall in all cases include the value of the works or installations the use of which is prohibited by the court and which have been done in good faith without the persons downstream objecting thereto.

Art. 1241.- 6.Court having jurisdiction.

Any dispute as mentioned in the preceding Articles shall be settled by the court in whose jurisdiction the immovable on which works or installations are contemplated or have been done, is situate.

Art. 1242.- Industrial use. -1. Right of owner.

(1)    The owner of land which is crossed or hordered by water may use such water for industrial or commercial undertakings such as water mils, wash-houses or bathing establishments.
(2)    He shall ensure that the water flowing from his land he unsoiled and fit for the uses to which it may normally be put.

Art. 1243.- 2. Restriction.

(1)    Where the owner prevents the flowing of water from his land or the water flows soiled or unfit for certain uses, the provisions of the preceding Articles regarding the use of water for purpose of irrigation shall apply.
(2)    The  owner of land shall not be entitled to compensation except as regards works or installations the use of which is prohibited by the court and which have been done in good faith without the persons downstream objecting thereto.

Art. 1244.-  Hydraulic power

Only those undertakings which have been granted a concession by the competent authority may do work on rivers with a view to distributing, carrying or selling hydraulic power.


Art. 1245.- Rainwater.

(1)    The owner of a building shall build the roof so that rain water falls on his an not on his neighbor’s land.
(2)    He shall make such gutters or pipes as may be necessary to bring the water to public sewers.

Art. 1246.- Duties  of landowners below.

(1)    The owner of land on a low level shall accept the flow of water form land on a higher level where such water flows naturally and not artificially.
(2)    The  owner of the land below may not set up a dike to prevent such flow.
(3)    The owner of the land above may not increase the responsibilities of the landowner below.

Art.1247.- Drainage.

(1)    Where the owner of the land above constructs drainage works on his land, the landowners below shall accept without compensation the water flowing therefrom.
(2)    The owner of the land above shall construct such works as are required to reduce to a minimum the damage to be occasioned to land owners below.
(3)    The landowners below may require that the water be evacuated by means of underground pipes where, failing such pipes, the water would run on land on which buildings are erected or on gardens or yards pertaining to such buildings.

Art. 1248.- New springs.

The provisions  of Art. 1247 shall apply where an owner creates springs on his land by boring or underground works.

Art. 1249.- Taking of water.- 1. Right of owner.

(1)    An owner who requires water bordering his land for irrigation or other purposes may build on the neighbouring riparian’s  land the works necessary for the taking of water.
(2)    He shall have access to such neighboring land for the purpose of constructing or maintaining such works.

Art. 1250.- 2. Compensation.

(1)    The neighbouring riparian shall be entitled to compensation where the works constructed on his land deprive him permanently of a part of his land.
(2)    The neighbouring riparian shall be entitled to compensation where he is unduly or unreasonably inconvenienced as a neighbour by the size or duration of such works.

Art. 1251.- 3. Use of works.

(1)    The owner on whose land works are to be constructed shall bear one half of the costs of building and maintenance where such works are for his own benefit.
(2)    Where the owner of land wishes to sue such works to his own benefit during construction or after completion, he shall bear the costs arising from any changes in the works required to adapt them for his use.

At. 1252.- Aqueduct.- 1. Right of owners.

An owner who wishes to make use for domestic or irrigation or other purposes of water which does not cross or border his land may apply to the court to be allowed to bring such water through other persons’ land against payment in advance of a fair compensation.

Art. 1253.- 2. Laying out of pipes.

(1)    Regard shall be had to all the circumstances of the case for the purpose of laying out the pies and determining their siting and nature.
(2)    Pipes shall be installed so as to reduce to a minimum any damage to the owners whose land they cross.
(3)    Pipes shall as far as possible avoid land on which buildings are erected or gardens or yards pertaining to such buildings.

Art. 1254.- 3. Compensation.

(1)    The owners whose land is crossed by pipes shall be entitled to compensation.
(2)    In fixing the amount of compensation, regard shall be had to the value of the land of which the owners are permanently deprived.
(3)    Regard shall also be had to the inconvenience cause to an owner by reason of the installation and maintenance of the pipes.

Art. 1255.- Underground water.

(1)    Underground accumulations of water and rivers shall form part of the public domain.
(2)    No person may without permission construct on his land a drilling exceeding one hundred meters in depth.

Art. 1256.- Fishing and navigation.

(1)    The right to fish shall be subject to the provisions of special laws.
(2)    As shall the right to sail on rivers and lakes.