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Main Page / Legislations / Law no (22) of 2004 Regarding Promulgating the Civil Code / Part 2:Rights Ancillary to the Right of Ownership / Chapter Three: Easements
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Law no (22) of 2004 Regarding Promulgating the Civil Code

Law Summary Record Type: LawNumber: 22Date: 30/06/2004 Corresponding to 13/05/1425 HijriNumber of Articles: 1188Status: In force
Official Gazette :Issue: 11Offcial Journal Issue Publication Date: 08/08/2004 Corresponding to 22/06/1425 HijriPage from: 364
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Chapter Three: Easements

  • 1043 Article

     
     
    Easement shall be defined as a right that limits the use of a real property for the benefit of another real property held by another person.

  • 1044 Article

     
    1. The right of easement shall be acquired by a legal act, by pre-emption or by inheritance.
    2. Acquisition shall not be considered as evidence in accordance with the provision of Article 966 herein other than in the event of apparent easements, including the right of way.

  • 1045 Article

     
    1. Apparent easements may be arranged by allocation by the original owner.
    2. Where it is established by evidence that the owner of two separate real properties has made an apparent demarcation between them, thereby creating a relationship of subordination between the properties that may indicate the presence of easement if the properties were owned by two different persons, and then the properties become held by two different owners without a change in their condition, the right of easement shall apply to both properties, unless there is an express provision to the contrary.

  • 1046 Article

     
    1. Where there are particular limitations against the right of the owner of real property to construct a building thereon, such as an injunction preventing him from erecting a building exceeding a particular height, or from constructing it on the whole area of the property, such limitations shall act as easements on such property in favour of the real properties upon which such limitations are imposed, unless agreed otherwise.
    2. Any breach of such limitations may be demanded to be remedied in kind. However, only indemnity may be ordered if the court believes that such an order is reasonable.

  • 1047 Article

     
     
    Rights of easement shall be governed by the instrument creating them, the applicable practice and the provisions of the following Articles.

  • 1048 Article

     
     
    1. The owner of the dominant property may perform such works thereon as necessary to be able to use and preserve his right of easement, and he shall use such right in a manner that causes the least possible damage.
    2. The merging needs of the dominant property may not increase the burden of easement.

  • 1049 Article

     
     
    The owner of the servient property shall not be obliged to carry out any work for the benefit of the dominant property, unless such additional work is required for the proper use of the easement.

  • 1050 Article

     
    1. The costs of the works required to use and preserve the right of easement shall be borne by the owner of the dominant property, unless provided otherwise.
    2. Where the owner of the servient property is obliged to carry out such works at his own expense, he may always avoid such obligation by assigning the servient property, either in whole or in part, to the owner of the dominant property.
    3. Where such works are also useful to the owner of the servient property, the costs of maintenance shall be divided between the parties pro rata to the benefit obtained by either party.

  • 1051 Article

     
    1. The owner of the servient property may not do anything that may impair or burden the use of the right of easement.
    2. Where the location initially identified for the use of the right of easement increases the burden of easement, or the easement prevents the making of any improvements to the servient property, the owner of the servient property may demand that the easement be moved to another location on the property or to another property held by him or by a third party, provided that such parties agree thereto. Provided, however, that the use of the easement in its new location shall be as easy for the owner of the dominant property as it was at its former location.

  • 1052 Article

     
     
    1. Where the dominant property is divided, the right of easement shall remain valid for each part thereof, provided that such division shall not increase the burden of easement on the servient property.
    2. However, where the right of easement in fact serves a single part of the dominant property, the owner of the servient property may demand termination of such right relating to the other parts.

  • 1053 Article

     
    1. Where the servient property is divided, the right of easement shall remain valid for each part thereof.
    2. However, where the right of easement is in fact not exercisable on some parts only of the servient property, or cannot be exercised therewith, the owner of that other part may demand termination of this right in connection with the part held by such owner.

  • 1054 Article

     
     
    The right of easement shall terminate upon the expiry of the applicable term, the total loss of the servient property or the dominant property, or when both properties are held by a single person. However, if the unity of title to both properties terminates and the properties are rehabilitated to their original condition, the validity of the right of easement shall resume.

  • 1055 Article

     
    1. In the event of denial, the claim of the right of easement shall prescribe after fifteen years if that right is not exercised. Such term shall be thirty-three years if the right relates to a waqf property. Upon the expiry of this thirty-three year period, the method of exercising the right of easement may be amended.
    2. Where the right of easement is granted to several partners in common, the use of such right by any of them shall suspend the period of prescription in favour of the other partners. The suspension of such period in favour of one partner shall also, by default, suspend it in favour of the other partners.

  • 1056 Article

     
     
    The right of easement shall terminate if circumstances or conditions have changed so that the right cannot be used. The validity of the right shall resume when such circumstances or conditions permit the exercise of the right, unless it is terminated owing to its continued non-use.

  • 1057 Article

     
     
    The owner of the servient property may release such easement in whole or in part if such right is of no benefit to the dominant property or is of limited benefit inconsistent with the corresponding burdens on the servient property.

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