German Civil Code (BGB) German law<\/p>\n
Division 4<\/strong> Title 1<\/strong> Section 1018<\/strong> A plot of land may be encumbered in favour of the owner for the time being of another plot of land in such a way that the latter may use the plot of land in specific connections or that particular acts may not be undertaken on the plot of land or that the exercise of a right towards the other plot of land that arises from the ownership of the encumbered plot of land is excluded (easement).<\/p>\n Section 1019<\/strong> An easement may consist only in an encumbrance that offers a benefit for the use of the plot of land of the person entitled. The definition of the easement cannot be extended beyond the degree resulting from this.<\/p>\n Section 1020<\/strong> When using an easement, the person entitled must if possible observe the interest of the owner of the servient plot of land. If he maintains an installation on the servient plot of land in order to use the easement, he must keep the installation in a proper condition to the extent that the interest of the owner requires this.<\/p>\n Section 1021<\/strong> (1) If, in order to use an easement, there is an installation on the servient plot of land, it may be determined that the owner of this plot of land must maintain the installation, to the extent that the interest of the person entitled requires this. If the owner has the right to share the use of the installation, it may be determined that the person entitled must maintain the installation, to the extent that this is necessary for the owner\u2019s right of use.<\/p>\n (2) Such a duty of maintenance is governed by the provisions on charges on land with the necessary modifications.<\/p>\n Section 1022<\/strong> If the easement consists in the right to maintain a building structure on a building structure of the servient plot of land, then, unless otherwise provided, the owner of the servient plot of land must maintain his structure, to the extent that the interest of the person entitled requires this. The provision of section 1021 (2) also applies to this duty of maintenance.<\/p>\n Section 1023<\/strong> (1) Where the use of an easement for the time being is restricted to part of the servient plot of land, the owner may require the use to be moved to another place that is equally suitable for the person entitled, if the use in the previous place is particularly arduous for him; he must bear and advance the costs of moving. This also applies if the part of the plot of land to which the use is restricted is determined by legal transaction.<\/p>\n (2) The right to move the use may not be excluded or restricted by legal transaction.<\/p>\n Section 1024<\/strong> If an easement coincides with another easement or another right of use of the plot of land in such a way that the rights cannot concurrently be exercised or fully exercised, and if the rights are of the same priority, each person entitled may require arrangements for the use that observe the interests of all persons entitled as appears just.<\/p>\n Section 1025<\/strong> If the plot of land of the person entitled is divided, the easement continues in existence for the separate parts; however, the use of the easement is in case of doubt admissible only in such a way that it does not become more burdensome for the owner of the servient plot of land. If the easement benefits only one of the parts, it is extinguished for the other parts.<\/p>\n Section 1026<\/strong> Where the servient plot of land is divided, then, if the use of the easement is restricted to a particular part of the servient plot of land, the parts that lie outside the area of use are released from the easement.<\/p>\n Section 1027<\/strong> If an easement is interfered with, the person entitled has the rights set out in section 1004.<\/p>\n Section 1028<\/strong> (1) Where an installation has been erected on the servient plot of land that interferes with the easement, the claim of the person entitled to the removal of the interference is subject to limitation even if the easement is registered in the Land Register. On the expiry of the claim by limitation, the easement is extinguished to the extent that the existence of the installation conflicts with it.<\/p>\n (2) The provision of section 892 does not apply.<\/p>\n Section 1029<\/strong> Where the possessor of a plot of land is disturbed in the use of an easement registered in the Land Register for the owner, the provisions applying to the protection of possession are applied with the necessary modifications if the easement was used within one year before the interference, even if only once.<\/p>\n Title 2<\/strong> Subtitle 1<\/strong> Section 1030<\/strong> (1) A thing can be encumbered in such a way that the person for whose benefit the encumbrance is made is entitled to take the emoluments of the thing (usufruct).<\/p>\n (2) The usufruct may be restricted by the exclusion of individual emoluments.<\/p>\n Section 1031<\/strong> Together with the usufruct in a plot of land, the usufructuary acquires the usufruct in the accessories under the provisions of section 926 governing the acquisition of ownership.<\/p>\n Section 1032<\/strong> For the creation of usufruct in a movable thing, it is necessary that the owner delivers the thing to the acquirer and both agree that the usufruct is to pass to the acquirer. The provisions of sections 929 sentence 2, 930 to 932 and 933 to 936 apply with the necessary modifications; in the cases of section 936, the only effect that arises is that the usufruct takes priority over the third party\u2019s right.<\/p>\n Section 1033<\/strong> Usufruct in a movable thing may be acquired by prescription. The provisions governing the acquisition of ownership by prescription apply with the necessary modifications.<\/p>\n Section 1034<\/strong> The usufructuary may have the condition of the thing determined by experts at his own cost. The owner has the right to do this too.<\/p>\n Section 1035<\/strong> In the case of usufruct in an aggregate of things, the usufructuary and the owner have the mutual duty to cooperate in making an itemised list of the things. The itemised list must state the date of entry and be signed by both parties; each party may require the signatures to be notarially certified. Each party may also require the itemised list to be made by the competent authority or by a competent official or notary. The costs must be borne and advanced by the person who requires the making or the certification of the list.<\/p>\n Section 1036<\/strong> (1) The usufructuary is entitled to possess the thing.<\/p>\n (2) In exercising the right of use, he must retain the previous economic purpose of the thing and must proceed in compliance with the rules of proper management.<\/p>\n Section 1037<\/strong> (1) The usufructuary is not entitled to transform the thing or substantially change it.<\/p>\n (2) The usufructuary of a plot of land may erect new facilities to extract stone, gravel, sand, loam, clay, marl, peat and other components of the ground, except where the economic purpose of the plot of land is materially altered as a result.<\/p>\n Section 1038<\/strong> (1) If a forest is the subject of usufruct, both the owner and the usufructuary may require that the degree of use and the nature of the economic treatment are laid down in an economic plan. If a substantial change of circumstances occurs, each party may require a corresponding change of the economic plan. Each party must bear one half of the costs.<\/p>\n (2) The same applies if a mine or another installation designed to extract components of the ground is the subject of usufruct.<\/p>\n Section 1039<\/strong> (1) The usufructuary also acquires the ownership of such fruits as he takes contrary to the rules of proper management or such fruits as he takes in excess because this has become necessary as the result of a particular event. However, notwithstanding his responsibility for fault, he is obliged to reimburse the owner the value of the fruits at the end of the usufruct and to provide security for the fulfilment of this obligation. Both the owner and the usufructuary may require that the amount to be reimbursed is used to restore the thing to the extent that this complies with proper management.<\/p>\n (2) If the outlay is not required to restore the thing, the duty to reimburse ends to the extent that the emoluments due to the usufructuary are adversely affected by the improper or excessive taking of emoluments.<\/p>\n Section 1040<\/strong> The right of the usufructuary does not extend to the share of the owner in a treasure that is found in the thing.<\/p>\n Section 1041<\/strong> The usufructuary must provide for the maintenance of the thing in its economic condition. He is obliged to carry out repairs and renovations only to the extent that they are part of the normal maintenance of the thing.<\/p>\n Section 1042<\/strong> If the thing is destroyed or damaged or if an extraordinary repair or renovation of the thing or a precaution for protection of the thing against a danger that was not foreseen becomes necessary, the usufructuary must notify the owner without undue delay. The same applies if a third party claims for himself a right in the thing.<\/p>\n Section 1043<\/strong> If the usufructuary of a plot of land undertakes an extraordinary repair or renovation that has become necessary himself, he may for this purpose, within the limits of proper management, also use components of the plot of land that are not part of the fruits due to him.<\/p>\n Section 1044<\/strong> Where the usufructuary does not undertake a repair or reparation of the thing that has become necessary himself, he must permit the owner to undertake it and, if a plot of land is the subject of the usufruct, permit the use of the components of the plot of land set out in section 1043.<\/p>\n Section 1045<\/strong> (1) The usufructuary must insure the thing for the duration of the usufruct against damage by fire and other accidents at his own cost, if the insurance corresponds to proper management. The insurance must be taken out in such a way that the claim against the insurer belongs to the owner.<\/p>\n (2) If the thing is already insured, the payments to be paid for the insurance are borne by the usufructuary for the duration of the usufruct to the extent that he would be obliged to insure.<\/p>\n Section 1046<\/strong> (1) The usufructuary has the usufruct in a claim against an insurer under the provisions that govern usufruct in an outstanding claim that bears interest.<\/p>\n (2) If damage covered by the insurance occurs, both the owner and the usufructuary may require that the amount insured is used to restore the thing or to obtain a replacement to the extent that corresponds to proper management. The owner may arrange for the use himself or leave it to the usufructuary.<\/p>\n Section 1047<\/strong> The usufructuary is obliged to the owner to bear for the duration of the usufruct the public charges to which the thing is subject, with the exclusion of the extraordinary charges that are to be seen as based on the original value of the thing, and the private-law charges to which the thing was already subject at the date when the usufruct in the thing was created, in particular the interest on mortgage claims and land charges and the payment to be made on the basis of an annuity land charge.<\/p>\n Section 1048<\/strong> (1) If a plot of land together with its stock is the subject of usufruct, then the usufructuary may dispose of the individual items of the stock within the limits of proper management. He must obtain replacements for the normal loss by wastage and for the items eliminated under the rules of proper management; the items acquired by him, on being incorporated into the stock, become the property of the person to whom the stock belongs.<\/p>\n (2) If the usufructuary acquires the stock at an estimated value with the obligation to return it at the end of the usufruct at the estimated value, the provisions of section 582a apply with the necessary modifications.<\/p>\n Section 1049<\/strong> (1) If the usufructuary makes outlays on the thing which he is not obliged to incur, the duty of the owner to reimburse him is governed by the provisions on agency without specific authorisation.<\/p>\n (2) The usufructuary is entitled to remove an installation with which he has provided the thing.<\/p>\n Section 1050<\/strong> The usufructuary is not responsible for alterations or deterioration of the thing that are caused by the proper exercise of the usufruct.<\/p>\n Section 1051<\/strong> If the conduct of the usufructuary gives rise to fear of a material injury to the rights of the owner, the owner may require security.<\/p>\n Section 1052<\/strong> (1) If the usufructuary is finally and non-appealably ordered to provide security, the owner may, instead of the security, require the exercise of the usufruct for the account of the usufructuary to be transferred to an administrator to be appointed by the court. A judicial order of administration is admissible only if, on the application of the owner, the court has laid down a period for the usufructuary to provide security and the period has expired; it is inadmissible if the security is provided before the expiry of the period.<\/p>\n (2) The administrator is under the supervision of the court in the same way as an administrator appointed for the judicially enforced administration of a plot of land. The owner may also be the administrator.<\/p>\n (3) The administration must be terminated if the security is subsequently provided.<\/p>\n Section 1053<\/strong> If the usufructuary uses the thing in a way in which he is not authorised, and if he continues the use notwithstanding a warning notice from the owner, the owner may seek a prohibitory injunction.<\/p>\n Section 1054 If the usufructuary violates the rights of the owner to a substantial degree, and if he continues the injuring conduct notwithstanding a warning notice from the owner, the owner may require administration to be judicially ordered under section 1052.<\/p>\n Section 1055<\/strong> (1) The usufructuary is obliged to return the thing to the owner after the end of the usufruct.<\/p>\n (2) In the case of usufruct in an agricultural plot of land, the provisions of section 596 (1) and section 596a, and in the case of usufruct in an agricultural estate the provisions of sections 596 (1), 596a and 596b, apply with the necessary modifications.<\/p>\n Section 1056<\/strong> (1) If the usufructuary has leased a plot of land, on a lease or a usufructuary lease, beyond the term of the usufruct, then after the end of the usufruct, the provisions of sections 566, 566a, 566b (1), and also sections 566c to 566e and 567b governing the disposal of leased residential space apply with the necessary modifications.<\/p>\n (2) The owner is entitled to terminate the lease or usufructuary lease, complying with the statutory notice period. If the usufructuary waives the usufruct, the termination is admissible only from the time on at which the usufruct would be extinguished without the waiver.<\/p>\n (3) The lessee or usufructuary lessee is entitled to request the owner, laying down a reasonable notice period, to state whether the owner intends to exercise his right of termination. Notice of termination may be given only until the expiry of the notice period.<\/p>\n Section 1057<\/strong> The claims for compensation of the owner for alterations or deterioration of the thing and the claims of the usufructuary to reimbursement of outlays or to permission to remove an installation are subject to a six-month limitation period. The provision of section 548 (1) sentence 2 and 3, (2) applies with the necessary modifications.<\/p>\n Section 1058<\/strong> In the relation between the usufructuary and the owner, in favour of the usufructuary the grantor is deemed to be the owner, unless the usufructuary knows that the grantor is not the owner.<\/p>\n Section 1059<\/strong> Usufruct is not transferable. The exercise of usufruct may be ceded to another.<\/p>\n Section 1059a<\/strong> (1) If a usufruct is held by a legal person, it is transferable under the following provisions:<\/p>\n 1. Where the property of the legal person, by way of universal succession, passes to another, the usufruct too passes to the successor in title, unless passing is expressly excluded.<\/p>\n 2. Where another enterprise operated by a legal person or a part of such an enterprise is transferred to another, a usufruct may also be transferred to the acquirer if it is suitable to serve the purposes of the enterprise or of the part of the enterprise. Whether these requirements are satisfied is established by a declaration of the competent Land authority. The declaration binds the courts and the administrative authorities. The Land governments specify the competent Land authority by statutory order. The Land governments may, by statutory order, transfer the authorisation to the Land justice administration authorities.<\/p>\n (2) A partnership having legal personality is equivalent to a legal person.<\/p>\n Section 1059b<\/strong> A usufruct may, by reason of the provision of section 1059a, neither be seized, nor pledged, nor encumbered by a usufruct.<\/p>\n Section 1059c<\/strong> (1) In the case of the passing or transfer of the usufruct, the acquirer, in place of the person previously entitled, enters into the rights and obligations associated with the usufruct in relation to the owner. If, in view of these rights and duties, agreements have been made between the owner and the person entitled, these also take effect in favour of and against the acquirer.<\/p>\n (2) The passing or the transfer of the usufruct creates a claim to damages neither for the owner nor for other persons with real rights.<\/p>\n Section 1059d<\/strong> If the person previously entitled has leased the plot of land encumbered with the usufruct, on a lease or a usufructuary lease, beyond the term of the usufruct, then after the transfer of the usufruct, the provisions of sections 566 to 566e, 567a and 567b governing the disposal of leased residential space apply with the necessary modifications.<\/p>\n Section 1059e If a legal person or a partnership having legal personality has a claim to be granted a usufruct, the provisions of sections 1059a to 1059d apply with the necessary modifications.<\/p>\n Section 1060<\/strong> If a usufruct coincides with another usufruct or with another right of use of the thing in such a way that the rights cannot concurrently be exercised or fully exercised, and if the rights are of the same priority, the provision of section 1024 applies.<\/p>\n Section 1061<\/strong> The usufruct is extinguished with the death of the usufructuary. If the usufruct is due to a legal person or a partnership with legal personality, it is extinguished when the legal person or partnership with legal personality ends.<\/p>\n Section 1062<\/strong> If the usufruct in a plot of land is terminated by legal transaction, the termination, in case of doubt, extends to the usufruct in the accessories.<\/p>\n Section 1063<\/strong> (1) The usufruct in a movable thing is extinguished if it coincides with ownership in the same person.<\/p>\n (2) The usufruct is deemed not to have been extinguished to the extent that the owner has a legal interest in the continuation of the usufruct.<\/p>\n Section 1064<\/strong> In order to terminate by legal transaction usufruct in a movable thing, the declaration of the usufructuary to the owner or the grantor that he is abandoning the usufruct is sufficient.<\/p>\n Section 1065<\/strong> If the right of the usufructuary is adversely affected, the claims of the usufructuary are governed by the provisions applying to claims arising from ownership with the necessary modifications.<\/p>\n Section 1066<\/strong> (1) If there is a usufruct in the share of a co-owner, the usufructuary exercises the rights that arise from the co-ownership of the co-owners with regard to the administration of the thing and the manner of its use.<\/p>\n (2) The cancellation of the co-ownership may be required only jointly by the co-owners and the usufructuary.<\/p>\n (3) If the co-ownership is cancelled, the usufructuary has a right to the usufruct in the objects that take the place of the share.<\/p>\n Section 1067<\/strong> (1) If consumable things are the subject of the usufruct, then the usufructuary becomes the owner of the things; after the usufruct ends, he must reimburse the grantor the value that the things had at the time of the creation of usufruct. Both the grantor and the usufructuary may have the value established by experts at their own cost.<\/p>\n (2) The grantor may require the provision of security if the claim to reimbursement of the value is endangered.<\/p>\n
\nServitudes<\/strong><\/p>\n
\nEasements<\/strong><\/p>\n
\nStatutory definition of easement<\/strong><\/p>\n
\nBenefit of the dominant plot of land<\/strong><\/p>\n
\nConsiderate use<\/strong><\/p>\n
\nAgreed duty of maintenance<\/strong><\/p>\n
\nInstallations on building structures<\/strong><\/p>\n
\nMoving the use<\/strong><\/p>\n
\nCoincidence of more than one right of use<\/strong><\/p>\n
\nDivision of the dominant plot of land<\/strong><\/p>\n
\nDivision of the servient plot of land<\/strong><\/p>\n
\nInterference with easement<\/strong><\/p>\n
\nLimitation<\/strong><\/p>\n
\nProtection of possession of the lawful possessor<\/strong><\/p>\n
\nUsufruct<\/strong><\/p>\n
\nUsufruct in things<\/strong><\/p>\n
\nStatutory definition of usufruct in things<\/strong><\/p>\n
\nApplication to accessories<\/strong><\/p>\n
\nCreation of usufruct in movable things<\/strong><\/p>\n
\nAcquisition by prescription<\/strong><\/p>\n
\nDetermination of the condition<\/strong><\/p>\n
\nUsufruct in aggregate of things; itemised list<\/strong><\/p>\n
\nRight of possession; exercise of usufruct<\/strong><\/p>\n
\nTransformation<\/strong><\/p>\n
\nEconomic plan for forests and mines<\/strong><\/p>\n
\nExcessive taking of fruits<\/strong><\/p>\n
\nTreasure<\/strong><\/p>\n
\nMaintenance of the thing<\/strong><\/p>\n
\nDuty of notification by the usufructuary<\/strong><\/p>\n
\nRepair or renovation<\/strong><\/p>\n
\nToleration of repairs<\/strong><\/p>\n
\nObligation of the usufructuary to insure<\/strong><\/p>\n
\nUsufruct in an insurance claim<\/strong><\/p>\n
\nBearing of charges<\/strong><\/p>\n
\nUsufruct in plot of land with stock<\/strong><\/p>\n
\nReimbursement of outlays<\/strong><\/p>\n
\nWear and tear<\/strong><\/p>\n
\nProvision of security<\/strong><\/p>\n
\nJudicial management in the absence of security<\/strong><\/p>\n
\nApplication for a prohibitory injunction in the case of unauthorised use<\/strong><\/p>\n
\nJudicial administration on the basis of breach of duty<\/p>\n
\nDuty of return of the usufructuary<\/strong><\/p>\n
\nLeases and usufructuary leases at the end of the usufruct<\/strong><\/p>\n
\nLimitation of compensation claims<\/strong><\/p>\n
\nGrantor as owner<\/strong><\/p>\n
\nNon-transferability; permission of exercise<\/strong><\/p>\n
\nTransferability in the case of legal person or partnership having legal personality<\/strong><\/p>\n
\nNon-distrainability<\/strong><\/p>\n
\nPassing or transfer of usufruct<\/strong><\/p>\n
\nLeases and usufructuary leases on the transfer of the usufruct<\/strong><\/p>\n
\nClaim to grant of the usufruct<\/p>\n
\nCoincidence of more than one right of use<\/strong><\/p>\n
\nDeath of the usufructuary<\/strong><\/p>\n
\nExtension of termination to accessories<\/strong><\/p>\n
\nCoincidence with ownership<\/strong><\/p>\n
\nTermination of usufruct in movable things<\/strong><\/p>\n
\nAdverse effect on right of usufruct<\/strong><\/p>\n
\nUsufruct in the share of a co-owner<\/strong><\/p>\n
\nUsufruct in consumable things<\/strong><\/p>\n