Page:The Civil code of Japan (IA cu31924069576704).pdf/94

This page has been proofread, but needs to be validated.

— 74 —

287.

The owner of the servient land may at any time free himself from the duty mentioned in the preceding article by abandoning to the holder of the servitude the ownership of such portion of the land as is necessary for the servitude.

288.

The owner of the servient land may use structures put upon his land for the purposes of the servitude, but only so as he does not thereby interfere with the exercise of the servitude.

In such case the owner of the servient land must bear a part of the expense of the construction and preservation of the structures in proportion to the benefit accruing to him therefrom.

289.

If the possessor of servient land has exercised his possessions under the conditions necessary for acquisitive prescription, the servitude is extinguished by prescription.

290.

The extinctive prescription mentioned in the preceding article is interrupted by the holder of the servitude exercising his right.

291.

The period for extinctive prescription specified in Art. 167, 2 is computed, as to a discontinuous servitude from the time when the holder exercised it last, and as to a continuous servitude from the time when a fact interfering with the exercise of the servitude occurred.

This article is issued from Wikisource. The text is available under Creative Commons Attribution-Share Alike 4.0 unless otherwise noted. Additional terms may apply for the media files.