La melodía acompañada

The owner of a thing has alone, within the limits of the law, the right to use, enjoy and dispose of it.

Article 838

In the absence of a provision of the law or of an agreement to the contrary, ownership carries with it the right to all fruits, products and accessories of the thing owned.

Article 839

1. The ownership of land includes that which is above and below, as far as it can be usefully enjoyed in height and depth.

2. The ownership of the surface of the land may, by law or by agreement, be separated from that which is above it and that which is below it.

Article 840

No one can be deprived of his property except in the cases and in the manner provided for by law and upon payment of fair compensation.

Subsection II: Restrictions on the Right of Ownership Article 841

1. The owner must not exercise his rights in an excessive manner detrimental to his neighbor's property.

2. The neighbor has no right of action against his neighbor for the usual unavoidable inconveniences resulting from neighborhood, but he may claim the suppression of such inconveniences if they exceed the usual limits, taking into consideration in this connection custom, the nature of the properties, their respective situations and the use for which they are intended. A license issued by a competent authority is not a bar to the exercise of such a right of action.

Article 842

1. An owner whose land is cut off from, or has no adequate exit on to, a public road, shall, if he cannot obtain an exit to the public road without great expense or great difficulty, have a right of way over the neighboring land as may be necessary for the normal working and use of his land and as long as his land continues to be so cut off, subject to payment of fair compensation. This right of way must be exercised over land and at the place where the passage causes the least possible damage.

2. If the land is cut off from the public road as a result of the property having been divided in consequence of a legal disposition, and it is possible to provide an adequate right of way over parts of the land so divided, the right of way can be claimed only over those parts.

Article 843

Every owner has the right to compel his neighbor to place boundary marks along the boundaries of their adjoining properties.

Article 844

1. An owner of a party wall has the right to make use of it for the purpose for which it was intended and to use it for the support of beams to carry his own roof, provided that the wall has not to support too great a weight for its strength.

2. When a party wall becomes unfit for the purpose for which it is normally intended, the cost of repairs or reconstruction will be borne by the co-proprietors in proportion to their respective shares.

Article 845

1. An owner may, if he has good reason to do so, heighten a party wall, provided that he does not thereby cause serious prejudice to his co-owner. He alone must bear the cost of heightening as well as of the maintenance of the part so heightened and carry out the necessary work, so that the wall may support the extra weight due to the heightening without its strength being diminished.

2. If the party wall is not able to support the heightening, the co-owner who desires to heighten the wall must reconstruct the wall entirely at his own cost, in such a way as the thickening shall, as far as possible, abut on his side. The reconstructed wall remains, apart from the heightened parts, a party wall, but the neighbor who has re-heightened the wall cannot claim any compensation whatever.

Article 846

A neighbor who has not contributed to the expenses of heightening may become a co-proprietor of the heightened part if he pays half the cost thereof and the value of half of the ground covered by the increased thickness, if any.

Article 847

In the absence of proof to the contrary, a wall which at the time of its construction separated two buildings is deemed to be a party wall up to the point at which it ceases to be a common wall to the two buildings.

Article 848

1. An owner cannot compel his neighbors to walk in his property or to assign to him part of a wall or of the land on which the wall is constructed, except in a case provided for in Article 816.

2. An owner of a wall may not, however, demolish the wall on his own initiative if the demolition injures his neighbor whose property is closed in by it, unless he has good reason for so doing.

Article 849

A landlord shall not have access to his neighbor’s property except within the limits prescribed by law.

Article 850

1. If a contract or a will contains a clause stipulating the inalienability of a property, such a clause will only be valid if based on a legitimate reason and limited to a reasonable duration.

2. The reason is deemed to be legitimate if the inalienability is stipulated with a view to protecting a lawful interest of the person disposing of the property or of the person in whose favor the property is disposed of, or of a third party.

3. A reasonable duration may extend for the life of the person disposing of, or the person in whose favor the property is disposed of, or of a third party.

Article 851

1. When the clause as to inalienability in the contract is valid and where the person subject to such clause acts violation thereof, the person laying down the condition and the person in whose favour it is made may act with a view to invalidating such disposal.

2. However, a disposal that is contrary to the clause shall be valid if it is ratified by the person introducing it unless the clause is introduced in favour of a third party.

Subsection III: Joint Ownership