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Cap. 16 · Civil Code (Cap. 16)

Cap. 16 Art. 474Owner of servient tenementcannotdo anything injurious to easement.

Sub-title II

In forceOfficial text

(1) The owner of the servient tenement cannot do anything which tends to diminish the exercise of the easement or to make such exercise more inconvenient. He may not alter the condition of the tenement, nor may he assign for the exercise of the easement any part of the tenement other than that over which it was originally established.

(2) Nevertheless, if the exercise of the easement in or over the part originally assigned has become more burdensome to the owner of the servient tenement, or if such owner is thereby prevented from carrying out works, repairs, or improvements in his tenement, he may offer to the owner of the dominant tenement a part equally convenient for the exercise of the easement, and the latter may not refuse it.

(3) The part of the tenement assigned for the exercise of the easement may likewise be changed upon the demand of the owner of the dominant tenement, if he proves that such change will be of considerable advantage to him, and will cause no damage whatsoever to the servient tenement.