Last Updated on June 28, 2021 by LawEuro
German Civil Code (BGB) German law
Title 3
Restricted personal easements
Section 1090
Statutory definition of the restricted personal easement
(1) A plot of land may be encumbered in such a way that the person for whose benefit the encumbrance is made is entitled to use the plot of land in individual respects, or that he is authorised in another way that may form the subject of an easement (restricted personal easement).
(2) The provisions of sections 1020 to 1024, 1026 to 1029 and 1061 apply with the necessary modifications.
Section 1091
Scope
The scope of a restricted personal easement is determined in case of doubt by the personal need of the person entitled.
Section 1092
Non-transferability; permission of exercise
(1) A restricted personal easement is not transferable. The use of the easement can be ceded to another only if the ceding of the use is permitted.
(2) If a restricted personal easement or the right to be granted a restricted personal easement is owed to a legal person or a partnership having legal personality, the provisions of sections 1059a to 1059d apply with the necessary modifications.
(3) If a legal person or a partnership having legal personality has the right to a restricted personal easement that entitles the holder to use a plot of land for facilities to conduct electricity, gas, district heating, water, sewage, oil or raw materials including all associated installations that directly serve the conducting, for telecommunications installations, for installations to transport products between places of management of one or more private or public enterprises or for tram or railway installations, the easement is transferable. The transferability does not include the right to divide the easement according to the elements it authorises. If one of the persons named in sentence 1 has a claim to the grant of such a restricted personal easement, the claim is transferable. The provisions of sections 1059b to 1059d apply with the necessary modifications.
Section 1093
Right of residence
(1) The right to use a building or part of a building as a residence, excluding the owner, may also be granted as a restricted personal easement. This right is governed by the provisions applying to usufruct of sections 1031, 1034 and 1036, of section 1037 (1) and of sections 1041, 1042, 1044, 1049, 1050, 1057 and 1062 with the necessary modifications.
(2) The person entitled is authorised to admit into his residence his family and the persons required for service befitting his station and for care.
(3) If the right is restricted to a part of the building, the person entitled may share the use of the facilities and installations intended for the common use of the occupants.
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