Page:The Civil code of Japan (IA cu31924069576704).pdf/93

If one co-owner has acquired a servitude by prescription, such acquisition enures to the benefit of all. the co-owners.

An interruption of prescription against co-owners is effective only if it is made against all the co-owners who exercise the servitude.

If there are two or more co-owners exercising the servitude, and there is a cause for the suspension of prescription in regard to one co-owner, prescription will nevertheless continue to run in favour of all.

If on land subject to a servitude for the use of water there is not sufficient water for the requirements of the dominant and the servient land, the water is to be used first for domestic purposes according to the requirements of both pieces of land and the remaining water for other purposes. But this rule does not apply, when it has been otherwise provided by the act of creation.

If two or more servitudes for the use of water have been created in the same servient land, the holder of a later servitude must not interfere with the use of the water by the holder of a prior servitude.

If the owner of the servient land takes upon himself, either by the act of creation or by a special agreement, a duty to build or repair structures at his own expense for the exercise of a servitude, such duty devolves upon the singular successor of the owner of the servient land.