Page:The Civil code of Japan (IA cu31924069576704).pdf/92

The holder of a servitude has a right to use another person’s land for the benefit of his own land in accordance with the purpose specified in the act of creation; but the provisions of Chapter III, Section I relating to public welfare must not be contravened.

The servitude, being appurtenant to the ownership of the dominant land, is transferred with it, and is the subject of rights which others have in the dominant land, unless otherwise provided in the act of creation.

A servitude cannot be assigned or made the subject of other rights apart from the dominant land.

One co-owner cannot have a servitude existing for the benefit of or in the land extinguished as to his part.

If land is partitioned, or a part of it alienated, the servitude exists for or in each part, unless it from its nature relates only to some particular part of the land.

Only a continuous and visible servitude can be acquired by prescription.