ក្រមរដ្ឋប្បវេណី (គន្ថីទី៣)

Under this Code, an Object shall be a tangible object in the form of a gas, liquid or solid.1

(1) Objects shall be deemed as either Movable or Immovable. (2) An Immovable shall encompass land or any Object immovably fixed to land such as buildings or other structure, crops, timber, and similar Objects. (3) A Movable Object shall be any Object that is not otherwise deemed to be an Immovable Object. (4) Except as otherwise provided by special law, provisions pertaining to Movables shall apply mutatis mutandis to controllable intangible property.

A component of an Object that is inseparable from said Object without destroying the Object or altering its inherent nature may not be the subject of rights apart from the rights of the Object itself.

Objects attached to land or comprising a part thereof; particularly buildings or constructed immovable structures upon such land, or seeds planted within said land, unharvested crops or timber upon said land; are components of the land unless having been severed from the land, and may not, except as otherwise provided by law or regulation, be subject to rights apart from those of the Object itself.

Should the right holder bear a right in relation to another person’s

For the purposes of Article 123 (Component of a land and exceptional rule, buildings or other structure built on land by a right holder, as well as developed timber, crops, or other such Objects, shall be deemed as a component of said right to the land of another party.

Materials used to construct a building, as well as fixtures, furniture, signs and ornaments that inseparable from the building without destroying it or altering its inherent nature, shall be deemed to be components of said building, and shall not be subject to rights apart from those of the building itself.

(1) An Object that is associated with a Principal Object through the owner of said Principal Object so that it may continuously serve the economic purpose of the Principal Object but does not in itself form a component of the Principal Object shall be referred to as an Accessory Object. (2) The creation and assignment of rights pertaining to a Principal Object shall extend to any Accessory Objects unless otherwise specifically agreed to.

(1) Natural Fruits shall come under the Ownership of the person or persons entitled to receive said Natural Fruits once severed from the Source Object. (2) Legal Fruits shall be assigned in proportion to the number of days based on the duration of the existence of the rights to receive said Fruits. (3) Legal fruits shall refer to rent and other such money or goods received as compensation resulting from the use of the Object.

(1) Natural Fruits shall come under the Ownership of the person or persons entitled to receive said Natural Fruits once severed from the Source Object. (2) Legal Fruits shall be distributed in proportion to the number of days based on the duration of the existence of the rights to receive said Fruits.

A person bearing an Obligation to return Fruits may demand reimbursement for normal costs incurred in acquiring said Fruits. The amount of such reimbursement shall not exceed the value of the Fruits to be returned.

A Real Right shall be defined as the right to directly control an Object that may be asserted against any person.

No Real Right may be created except as for the types and contents permitted under this Code or under any special law. A Real Right permitted under customary law shall be valid under this Code to the extent that such Real Right does not conflict with the provisions of this Code nor any special law.

The following real rights are established by this Code: 1. Ownership 2. Possession 3. Usufructuary real rights a. Perpetual lease b. Usufruct c. Right of use/right of residence d. Easements 4. Security rights a. Right of retention b. Statutory lien c. Pledge d. Hypothec e. Security as Transfer

The creation, transfer, or alteration of a Real Right shall take effect in accordance with the agreement between the parties.

(1) Except for rights of possession, rights of retention, rights of use, or rights of residence; the creation, assignment or alteration of a Real Right pertaining to an Immovable shall not be asserted against a third party unless said right is registered in accordance with the provisions of law and ordinances regarding registration. (2) The transfer of a Real Right for a Movable shall not be asserted against a third party unless the Movable has been delivered.

Notwithstanding Article 133 (Creation, transfer, or alteration of Real Rights by agreement) and Article 134 (Perfection), transfers of title2 2In this context, Title refers to its ordinary use in Cambodia, specifically as a ‘Certificate Acknowledging Immovable Ownership’, ‘Immovable Possessory Right Title’, ‘Land Possessory Right and Use Title’ by agreement pertaining to an Immovable, shall come into effect only upon registration of the transfer of the right in accordance with provisions of law and ordinances regarding such registration.

(1) Should Ownership or other Real Rights created over one Object have become vested in a single person, such other Real Rights shall be extinguished thereupon. This shall not apply if the Object or other Real Rights are subject to rights of a third party. (2) Should a Real Right other than Ownership or other rights created over that Real Right have become vested in a single person, such other rights shall be extinguished. The second sentence of paragraph (1) shall apply mutatis mutandis to such case. (3) The provisions of paragraphs(1) and (2) shall not apply to a Right of Possession.

(1) Should a right be registered in an Immovables registry, it is presumed that such right belongs to the person to whom it is registered. (2) Should a previously registered right have been expunged from the Immovables registry, it is presumed that such right has been extinguished.

Ownership refers to the right of an owner to freely use, receive income and benefits from, and dispose of an Object owned by said owner to the extent allowable under existing laws and regulations.

(1) Ownership of land shall extend to all areas above and below the surface of such land to the extent that the owner derives benefit therefrom to the extent allowable under existing laws and regulations. (2) A landowner shall not use the land for the sole purpose of hindering the activities of another or in order to create a nuisance.

(1) Should a nuisance, that is incurred by the land of another due to activities involving gas, steam, odor, smoke, soot, heat, sound, vibration or other disturbances, be within the normal scope of normal use of the land of the person causing said nuisance, and is not otherwise prohibited by law or regulation, the owner of the affected land may not seek an injunction against such activities. (2) In case of paragraph (1), an owner of land that is substantively and severely harmed by such nuisance may demand appropriate compensation from the person causing such nuisance. This shall not preclude the owner of said land from demanding damages through torts.

(1) A landowner shall not assert the Ownership over any type of statue, bas-relief, antiquity, or other cultural artifact discovered in the ground. Such items shall be deemed as assets of the state, and the owner of the land shall be obligated to return the artifacts to the Ministry of Culture and Fine Arts. (2) A landowner shall not assert Ownership over minerals in the ground, the nature of which is governed by a separate law. Such minerals shall comprise assets of the state with the right to mine and acquire them coming under the Ownership of the person to whom the mining rights have been granted by the government.

Should a branch of a tree grow across a boundary from an adjacent land, or should the roots of a tree grow across the boundary from adjacent land, the landowner may receive the Fruits therefrom or eliminate such branch and/or roots.

A landowner may demand to use adjoining land to the extent necessary to construct or repair fences or buildings on or near the boundary. Should the neighbor suffer damage as a result thereof, the landowner must pay compensation.

(1) A parcel of land that is enclosed and lacks access to a public thoroughfare, or where the agricultural or industrial use thereof is significantly hampered due to an insufficient access to a public thoroughfare shall be referred to as Enclosed Land. (2) The owner of an Enclosed Land shall be given the right to demand a right of way over neighboring property in exchange for the payment of compensation equivalent to the resulting burden on the neighboring property. (3) The right of way shall, in principle, be created along the direction or path that minimizes the distance from the Enclosed Land to the public thoroughfare. Notwithstanding the provisions of the prior sentence, the right of way shall be positioned so as to minimize the burden on the owner of the neighboring property. (4) Should the Enclosed Land be the result of a division of land effected pursuant to a sale, exchange, division of devised property or other relevant contract, a right of way may be demanded only for the land remaining after such division. In such cases, payment of compensation is not required. Should a sufficient right of way be unable to be created in such a situation, the provisions of paragraphs (2) and (3) shall apply.

(1) The owner of a low-lying parcel of land must accept water flowing naturally from high lying land. The owner of the low-lying land shall not construct any bank, dam, wall, or other type of structure that blocks the flow of water onto the land. The owner of the high-lying land shall not take any action that increases the water burden on the owner of the low-lying land. (2) Should the flow of water through the low lying land be obstructed due to force majeure without fault of any party, the owner of the high lying land may carry out construction at his/her own expense so as to allow the flow to continue.

An owner of high lying land is entitled to use and/or divert a water source existing on his/her property as well as any rainwater falling upon the property in accordance with the third sentence of paragraph (1) of Article 145 (Obligation to accept naturally flowing water).

When necessary for agricultural purposes, the owner of land situated on a body of flowing water has a duty to permit the water to flow to an adjacent property, and the owner of the adjacent property has the same duty with respect to properties that is farther away.

A landowner who wishes to receive water from a water source, for which the landowner has the right to use, for irrigation purposes is entitled to establish and maintain a channel running through land located in between his/her own land and the water source in return for the payment of compensation for damages suffered by the owner of such land.

A landowner is entitled to drain any water that remains following irrigation through any low lying land in return for the payment of compensation to the owner of said lower-lying land.

The owner of land, the whole or part of which is flooded, is entitled to drain detrimental water off his/her land so far as it is allowed under sanitation laws and regulations.

(1) A riverfront landowner who wishes to use the river to irrigate his/her land is entitled to install onto the land of the opposite bank equipment necessary for the taking of water in return for the payment of compensation to the landowner of the opposite bank. (2) A landowner accepting the installation of equipment on his/her land is entitled to demand the person installing the equipment to allow equal use of the sluice provided he/she pays half of the cost of construction and maintenance thereof. In such case, the person installing such equipment shall not bear an Obligation to pay the compensation mentioned in paragraph (1), and may demand the return of any compensation paid.

A landowner who intends to carry out activities on his/her land that may create a nuisance with regard to any neighboring parcels, such as drilling, boring or digging, or who wishes to install or store on his/her land equipment or materials of a dangerous, inconvenient or unsanitary nature, shall comply with any specially established rules regulating the distance at which such activities, equipment or materials may be located or the measures that must be taken.

A landowner who erects within two meters of the boundary of an adjacent parcel of land a window, balcony or any other similar fixture or structure that offers a direct view of the residential land of another shall erect a blind therefore.

A landowner may not have trees, bushes, or shrubs exceeding two meters in height within two meters of a boundary with an adjacent parcel of land. A landowner violating this restriction shall be required to transplant the offending tree, bush, or shrub upon demand by the neighboring landowner.

An owner may demand the possessor return an Object. This shall not apply where the possessor is entitled to possess the Object in place of the owner.

(1) A possessor in good faith is entitled to receive the Fruits arising from the possessed Object. (2) Should a bone fide possessor fails in a lawsuit in which his/her title to possess an Object has been disputed, he/she shall be deemed to be mala fide possessor retroactively as from the time of the filing of the lawsuit. (3) Should a possessor return an Object to an owner, should any of the Fruits have been produced during a time in which the possessor was mala fide, he/she shall return the Fruits obtained therefrom and provide compensation therefor in the value of any Fruits lost or not collected due to the actions of the possessor.

Should a possessor be at fault for the loss of or damage to an Object, or for inhibiting the return of the Object, should the possessor be mala fide when such cause occurred, the possessor shall provide compensation for all damage arising therefrom, however, should the possessor be a possessor in good faith, the possessor shall provide compensation only to the extent at which he/she continued to receive the benefits therefrom. That said, a possessor without intention of ownership shall make compensation for all damage regardless of whether or not the possession was in good faith.

(1) A possessor who returns an Object to an owner may demand that the owner reimburse him/her in the amount of necessary costs that the possessor has expended upon the Object for its maintenance and/or the preservation thereof. Should the possessor have collected and consumed the Fruits of said Object, he/she shall be solely responsible for customary and necessary costs of maintenance and/or the preservation of the Object. (2) Should a possessor have incurred costs for the improvement of an Object or any other beneficial expenditure for an Object, the owner shall provide compensation, at the owner's discretion, for either the expenditures made by the possessor or the increase in value in the Object attributable to such expenditures, to the extent that the increase in value continues to exist. However, as against a bad faith possessor, the court may grant the owner a grace period of a reasonable length to make such compensation. (3) Where a possessor is to return land to the owner, if there exist buildings, unharvested crops or unharvested timber that a good faith possessor constructed or planted thereon, the owner shall provide compensation, at the owner's discretion, for either the expenditures made by the possessor for these buildings, crops or timbers, or the increase in value in these buildings, crops or timbers attributable to such expenditures, to the extent that the increase in value continues to exist. Notwithstanding the provisions set forth in paragraphs (1) and (2) above, where the possessor is a possessor in bad faith, the owner may elect to either remove the constructed buildings, planted but unharvested crops or unharvested timber, or assume the ownership thereof. Where the landowner elects for removal, the possessor must remove the buildings, crops or timber without receiving compensation. Should the owner elect to assume the ownership of the buildings, crops or timber, the owner must compensate the possessor for expenditures made by the possessor or for the increase in the value of the buildings, crops or timbers that include the original value of these Objects and shall be calculated without considering the added value to the land. In this case, the court may grant the owner a grace period of a reasonable length to make such compensation.

(1) Should the exercise of ownership be obstructed, the owner may demand that the person causing such obstruction cease such hindrances. (2) Should the exercise of ownership be realistically in danger of being obstructed, the owner may demand that the person causing such threat of obstruction prevent such hindrance.

In addition to acquisition through contract, succession or other causes set forth in this Section IV, ownership over an immovable may also be acquired via the provisions set forth in this Code and other laws.

An immovable without an owner shall be the property of the state.

(1) A person who peaceably and openly possesses an immovable for a period of 20 years with the intention of ownership shall acquire ownership thereof. (2) A person who peaceably and openly possesses an immovable for a period of 10 years with the intention of ownership shall acquire ownership thereof should possession have been commenced in good faith and without negligence. (3) Neither Paragraph (1) or (2) shall apply to any immovable property belonging to the state, regardless of the type of immovable.

The effect of acquisition of ownership as set forth in Article 162 (Prescriptive acquisition of ownership over an immovable) shall be retroactive to the day on which the period of prescription commenced. Fruits that come into existence after such day shall belong to the person acquiring ownership via prescription.

(1) A court shall not issue a judgment based on prescriptive acquisition unless a party invokes prescriptive acquisition. (2) Prescriptive acquisition may be invoked only by a prospective prescriptive acquirer, a person who has received a perpetual lease, usufruct, right of use/right of residence, easement, contractual lease, hypothec or pledge from a prospective prescriptive acquirer, or other person having a legitimate interest under the law for the invocation of prescriptive acquisition. (3) Should a prospective prescriptive acquirer invoke prescriptive acquisition, any third party shall also receive the benefit thereof. Should a person other than the prospective prescriptive acquirer, but who has the right to invoke prescriptive acquisition, properly invoke prescriptive acquisition, such invocation shall be effective only concerning the relationship between the invoking person and the original owner.

The benefits arising from prescriptive acquisition may not be renounced in advance. A prescriptive acquisition that has already been completed may be renounced.

A renunciation of the benefit of prescriptive acquisition is effective only concerning the relationship between the original owner and the renouncing party bearing the right to invoke prescriptive acquisition.

Prescriptive acquisition shall be interrupted by any of the following: a. Loss of possession with the intention of ownership; b. The filing of a lawsuit or equivalent exercise of legal rights; c. An act of execution or preservative relief; or d. Acknowledgment.

Should an interruption of prescriptive acquisition be in effect against a prospective prescriptive acquirer, other persons may not negate the effect of such interruption. Should an interruption of prescriptive acquisition be in effect against a person other than the prospective prescriptive acquirer but has the right to invoke prescriptive acquisition, the interruption shall be effective only concerning the relationship between the original owner and the person bearing the right to invoke prescriptive acquisition.

Should a person having possession with the intention of ownership involuntarily lose such possession and possession is thereafter recovered within one year or is recovered through a lawsuit filed within one year of the loss, the prescriptive acquisition shall be deemed to have continued uninterrupted.

A lawsuit that is dismissed without prejudice or withdrawn shall not interrupt any prescriptive acquisition.

Should an act of execution or preservative relief be rescinded upon the motion of a right-holder or for failure to comply with conditions imposed by law, any interruption of prescriptive acquisition effected by such act shall be deemed to have not occurred.

(1) Upon the termination of an interruption of prescriptive acquisition, the prescription period shall be calculated anew as of the date of such conclusion. (2) The prescription period for prescriptive acquisition that has been interrupted through the filing of a lawsuit shall be calculated anew commencing from the date on which the decision of the court becomes final and binding.

(1) Should the original owner make a demand during the six months prior to the completion of the prescription period for prescriptive acquisition, the prescription period shall not be deemed to have been completed with respect to the person on whom the demand is made for a period of six months from the date of the demand. However, the owner shall not delay the completion of the prescription period through a subsequent demand identical to the prior demand. (2) Should the lawsuit fail to interrupt the prescription period as a result of its dismissal without prejudice or withdrawal, a demand shall be deemed to have run continuously from the day of service of the complaint upon the counterparty to the day of dismissal or discontinuance of the action. In such case, the period of prescription shall not be deemed to have been completed until six months after the dismissal or withdraw the lawsuit. (3) Should the original owner asserts his/her right as a defendant in a lawsuit, the demand shall be deemed to run continuously during the pendency of the lawsuit commencing from the time the assertion was made. In such case, the period for prescriptive extinction of the claim against the defendant shall not complete until six months passes after the judgment in the lawsuit becomes final and binding.

General Ward Should the original owner be a minor or General Ward, and have no legally appointed representative within six months prior to the completion of the prescription period for prescriptive acquisition, such period shall not be deemed to have been completed until six months after the minor or adult in guardianship attains capacity or obtains a legally appointed representative.

General Ward and legally appointed representative Should a legal representative is to obtain via prescriptive acquisition ownership of an immovable owned by a minor or General Ward, the prescription period for such prescriptive acquisition shall be deemed to have not been completed until six months after the minor or General Ward attains the capacity or obtains a new legal representative.

Should one spouse be to obtain via prescriptive acquisition ownership of an immovable owned by the other spouse, the prescription period for such prescriptive acquisition shall not be deemed to have been completed until six months after the dissolution of their marriage.

Should an original owner be unable to interrupt the prescription period of a prescriptive acquisition due to natural disaster or other force majeure, such period shall not be deemed to have been completed until six months after the disaster or force majeure has ceased to exist.

(1) A person who peaceably and openly exercises for his/her own benefit a right relating to an immovable such as a perpetual lease, usufruct, right of use/right of residence, easement, contractual lease or pledge shall obtain such right after either 10 years or 20 years, in accordance with the classifications set forth in Article 162 (Prescriptive acquisition of ownership over an immovable). However, should it meet the requirements under Article 300 (Prescriptive Acquisition of easement), such may be obtained through prescriptive acquisition. (2) The provisions of Article 163 (Retroactive effect of prescriptive acquisition) through Article 177 (Suspension of prescriptive acquisition period in case of natural disaster) shall apply mutatis mutandis to prescriptive acquisition of rights specified in paragraph (1). (3) Paragraph (1) shall not apply to any immovable property belonging to the state, regardless of the type of immovable.

An alluvial deposit that forms gradually and naturally along a riverbank belongs to the owner of the riverbank along which such deposit forms, regardless of whether the river is navigable by boat or raft. The owner of the riverbank of a river navigable by boat or raft is responsible for maintaining the navigable channel in compliance with the laws and regulations.

With regard to an enlargement of the land along a riverbank as a result of the gradual and natural conveyance of an alluvial deposit from the opposite riverbank through the natural water flow, the owner of the parcel of land on the enlarged riverbank shall receive all benefits from the conveyed alluvial deposit. The owner of the land on the opposite riverbank may not demand the return of the lost soil.

Regardless of whether a river is navigable by boats or rafts, where a river removes by sudden force a significant and clearly recognizable portion of a riverbank and transfers it to the opposite bank or to a lower lying part of the river, the owner of the lost soil may make claim for the return of said soil. The owner must exercise his/her right to demand return of the soil within one year. This shall not apply where the owner of the land that was joined with the removed portion has not yet taken possession of such land.

An islands or alluvial bed that forms in the middle of a river navigable by boats or rafts shall be the property of the state.

An island or alluvial bed that forms in the middle of a non-navigable river shall belong to the owner of the riverbank corresponding to the side on which it forms. Should an island or alluvial bed form more or less in the center of the river, such formation shall belong to the owners of both riverbanks using the centerline of the river as the dividing line of ownership.

Should a river form a new branch and cuts off land belonging to a riverbank owner, thereby creating an island, the owner of the riverbank shall not lose ownership of such land, even should the island be formed in the middle of a river navigable by boats or rafts.

Should a river navigable by boats or rafts abandon its existing riverbed and flow through a new channel, the riverbank owners may acquire ownership of the former riverbed up to the centerline of said riverbed thereof. The riverbank owners shall pay the price determined by an expert appraiser. On the application of the capital or provincial authority or of an interested party, the price of the old riverbed shall be determined by an expert appraiser appointed by the court located in that jurisdiction. However, should the riverbank owners not indicate their respective intention to acquire the former riverbed, the former riverbed shall be sold via public auction by the capital or provincial authority. The money paid by the riverbank owners or received from the sale of the former riverbed shall be distributed to the owners of the land lost due to the new channel in proportion to the value of the land lost.

Should a movable may be affixed to an immovable and become a component thereof, ownership of the immovable shall extend to the movable unless otherwise provided for under law or by agreement. In such case, the person losing rights to the movable may demand compensation from the owner of the immovable in accordance with the rules pertaining to unjust enrichment. However, no claim for the restoration of the status quo ante shall be permitted.

In addition to acquisition through contract, inheritance or other causes set forth in this Section IV, ownership over a movable may also be acquired via the provisions set forth in this Code and other laws.

Ownership of a movable without an owner shall be that of the person who first commences the possession thereof with the intention of ownership. This shall not apply if otherwise provided for by law or regulations in relation to the protection of wild life.

A person who commenced possession in good faith of any escaped animal other than livestock raised by another or birds other than poultry raised by another shall acquire ownership thereof unless the person who raised such animals or birds demands their return within one month of the time of their escape.

Fish living in a pond, swamp or other body of water owned by a person shall belong to such owner.

(1) A person who finds an object lost by another shall return it to the owner if the identity of the owner is clear, while if the identity of the owner is not clear, the finder shall turn over the object to the chief of the police within seven days of finding it. (2) The chief of the police shall retain custody of the lost object and give public notice of its discovery, and if the identity of the owner is not determined within six months, the finder shall acquire ownership of the lost object. However, should the finder fail to turn over the lost object within seven days of finding it, the finder shall not acquire ownership, and instead its ownership shall revert to that of the state. Such shall also apply to cases wherein the finder does not claim the lost object from the chief of the police within two months after acquiring ownership. (3) Should the lost object be of a kind that is unable to be kept in custody, the chief of the police may sell it and keep custody of the proceeds of the sale. Said sale proceeds shall be handled in the same manner as the lost object itself. (4) Should the lost object be returned to the owner, the owner shall pay between five and twenty percent of the value of the object as finder's compensation. If the finder does not exercise his/her right of demand for compensation within one month of the object's return, the finder shall lose his/her right of demand for the finder's compensation.

The provisions of Article 191 (Ownership of lost objects) shall apply mutatis mutandis to buried treasure, except as set forth in Article 141 (Discovery of cultural artifact or minerals in the ground). However, where buried treasure that is not identified by its owner is discovered among Objects belonging to another, ownership of such treasure shall be split evenly between the discoverer and the owner of the other Objects.

A transferee who commences in good faith and without negligence the possession of a movable upon receiving the delivery of the movable under a valid contract transferring the ownership of the movable, the person shall acquire ownership of such movable even where the transferor did not have the ownership thereof. This shall not apply where the transferor still maintains the direct possession over the movable.

(1) In the case described in Article 193 (Bona fide acquisition of ownership of movables), should the transferred Object comprise stolen or lost property, the injured party or owner of the lost property may demand the return of the property from the transferee within two years of its theft or loss. (2) Should a transferee purchase and receive in good faith stolen or lost property via public auction, sale on the open market, or from a merchant who sells items of the same type, the injured party or the owner of the lost property may not demand the return of the property without paying the transferee compensation for the price paid by him/her.

(1) A person who possesses a movable peaceably and openly for 10 years with the intention of ownership shall acquire ownership thereof. (2) A person who possesses a movable peaceably and openly for 5 years with the intention of ownership shall acquire ownership thereof if possession was commenced in good faith and without negligence.

A person who peaceably and openly exercises for his/her own benefit a pledge, contractual lease or other right regarding a movable or other property right3 shall obtain such rights after either 10 years or 20 years, in accordance with the classifications set forth in Article 195 (Prescriptive acquisition of ownership over movables).

The provisions of Article 163 (Prescriptive acquisition of ownership over movables) and Article 177 (Prescriptive acquisition of rights regarding movable and other property rights) shall apply mutatis mutandis to the cases described in Article 195 (Retroactive effect of prescriptive acquisition) through Article 196 (Suspension of prescriptive acquisition period in case of natural disaster).

(1) Should two or more movables be affixed to each other such that they cannot be separated without causing damage thereto, ownership of the composite Object shall belong to the owner of the principal movable. This shall also apply where such separation would be unreasonably expensive. (2) Should the principal movable of attached movables be undistinguished from the other movables, ownership of the composite movable shall be shared among the owners of the component movables in proportion to the respective values thereof at the time they became attached. (3) The provisions of paragraphs (1) and (2) shall apply mutatis 3 As used in this translation, the term 'property right' shall include rights over property (rights in rem), rights arising from an Obligational relationship (rights in personam), intellectual property rights, shares in a company, etc., and can be contrasted with 'non-property rights' such as individual rights or other rights purely inherent to one's identity or status. mutandis where two or more movables become mixed or consolidated with each other such that they cannot be separated.

(1) A person who creates a new movable through the processing or reworking of materials belonging to another shall acquire ownership of the processed Object. However, should the added value attributable to the processing or reworking be substantially less than the value of the materials, ownership of the processed Object shall belong to the owner of the materials. (2) Should the processing party provide part of the materials, said party shall acquire ownership of the processed Object so long as the increase in the value of the Object attributable to the processing or reworking plus the price of the materials provided by the processing party exceeds the price of the materials provided by the other person.

(1) Should ownership of an Object be extinguished due to attachment, mixing, consolidation or processing, all prior rights that existed over such Object are also extinguished. (2) The rights of another party that have already been established over an Object held by a person who acquired ownership of a composite, mixed, consolidated or processed Object shall continue to exist over the newly created Object. In cases where the newly created Object is held by joint owners, such rights shall continue to exist over the person's ownership share.

A person who loses rights as a result of attachment, mixing, consolidation or processing of a movable may demand compensation from the person acquiring rights over said movable and benefiting therefrom, in accordance with the provisions of this Code relating to unjust enrichment. However, demands for the restoration of the status quo ante shall not be permitted.

Joint ownership shall be the circumstance in which ownership of a single Object that is owned by multiple persons for which the size of each owner's ownership interest is limited to such owner's share in the Object.

All shares of the joint owners are presumed to be equal.

Each joint owner may transfer or provide his/her share as security. A creditor of a joint owner may attach the joint owner ’s share.

A joint owner may use the entire jointly owned Object in accordance with his/her share.

Each joint owner can independently perform acts of preservation on the jointly owned Object.

No joint owner shall be able to dispose of or significantly alter the jointly owned Object without the consent of the other joint owners.

Except as provided in Article 206 (Preservation of jointly owned Object) and Article 207 (Change in use of jointly owned Object), all matters relating to the administration of the jointly owned Object shall be determined by the majority of the joint owner based on the value of each joint owners share.

(1) Each joint owner shall bear the expenses for administration, taxes and other costs in relation to the jointly owned Object in proportion to his/her share of ownership thereof. (2) Should a joint owner incur a cost in an act of preservation or administration, or for taxes or other charges in excess of his/her share of the jointly owned Object, he/she may seek compensation from each other joint owner for such excess expenditure in accordance with their respective joint ownership share. (3) The claim of compensation for expenditures described in Paragraph (2) may be made against a successor-in-interest acquires the share from another joint owner.

Should a joint owner renounce his/her share or die without an heir, his/her share shall devolve to the other joint owners.

(1) Each joint owner may at any time demand the partitioning of the jointly owned Object. This assumes that the joint owners may agree to prohibit such partitioning for a period of time not exceeding five years. (2) The non-partition agreement described in Paragraph (1) may be renewed, but the duration of the renewed agreement shall not exceed five years in duration.

Where joint owners cannot reach an agreement regarding the partitioning of a jointly owned object, a joint owner may file an action for partitioning. In such case, the court may order the partitioning of the physical object or, where there is a danger of the partitioning of the physical object causing significant loss to the value thereof and where proper grounds exist, the court may order that the object be sold through compulsory sale and the proceeds be allocated to the joint owners in accordance with their respective share, or may order that one or more joint owners transfer their shares to the other joint owners in exchange for compensational payments.

(1) Should a joint owner have a claim against another joint owner in regards to preservation, administration, or obligations in relation to the jointly owned Object, he/she may, upon demand, for partitioning satisfaction out of the portion that is to accrue to the Obligor. (2) If for the purpose of obtaining the satisfaction described in paragraph (1) it is necessary to sell that portion of the jointly owned Object that is to accrue to the Obligor, the Obligee may demand such sale.

The provisions regarding joint ownership shall apply mutatis mutandis to cases in which multiple persons share property rights other than ownership. This shall not apply where otherwise provided for by law.

A joint ownership by persons who own adjacent parcels of land of a partition that distinguishes such parcels of land or buildings on the land from each other, such as a partition wall, moat, bank or hedge, in an indivisible manner is termed indivisible joint ownership.

Should a partition wall separate adjoining buildings having different heights, such partition wall is presumed to be indivisibly and jointly owned up to the height of the shorter building, and where a partition wall separates adjacent parcels of land that are separated by a yard, garden or courtyard, all of such partition wall is also presumed to be indivisibly and jointly owned.

Persons who share indivisible joint ownership of a partition wall shall be responsible for the repair and improvement thereof in accordance with their respective rights. An indivisible joint owner may be exempted from bearing the expenses for repair or improvement of the partition wall by renouncing his/her indivisible joint ownership interest. This shall not apply where such partition wall constitutes a part of a building.

Each indivisible joint owner may place a beam or girder into the partition wall up to half of the entire depth of the wall in order to build a structure using the partition wall.

(1) An indivisible joint owner may not without the consent of the other indivisible and joint owner make a hole in the partition wall or attach a structure that could otherwise damage the partition wall. (2) In the case described in paragraph (1), where the other indivisible joint owner refuses to agree without justifiable reason, the indivisible joint owner may seek a judgment from the court that will be substituted in place of such agreement. (3) In the case described in paragraph (2), the court may grant a judgment that will be substituted for the other invisible joint owner's agreement in exchange for reasonable security.

The owner of land that is in contact with a partition wall may place the partition wall into indivisible jointly owned wall by paying the owner of the partition wall the sum of half of the value of the partition wall and half of the value of the land on which the partition wall is built.

An indivisible joint owner may increase the height of an indivisibly and jointly owned partition wall. However, the costs of increasing such height and of maintaining the higher part of the wall shall be borne by the indivisible and joint owner who increased the wall's height.

(1) Where the partition wall to be increased in height cannot withstand such increase, the person desiring the increase in height may rebuild the entire partition wall at his/her own expense. However, where the thickness of the partition wall is to be increased, such increase shall occur on the side of the rebuilding owner. (2) A neighbor who does not cooperate in the height increase may obtain an indivisible joint ownership interest in the part of the partition wall formed by the increase in height by either paying half of the cost thereof, and/or where the partition wall was made thicker, by additionally paying half of the value of the land required for such increase in thickness.

Any enclosure that separates parcels of land shall be presumed to be indivisibly and jointly owned by the owners of the respective parcels.

(1) An enclosure other than a partition wall that is indivisibly and jointly owned shall be preserved at the expense of all the persons who indivisibly and jointly own such enclosure. (2) An indivisible joint owner of an enclosure may avoid responsibility for the costs associated therewith by renouncing his/her indivisible and joint ownership. (3) An indivisible joint owner of a moat in which water flows may not renounce his/her indivisible and joint ownership pursuant to the provisions of paragraph (2).

An owner of an immovable that is in contact with an enclosure, other than a partition wall, that is not indivisibly jointly owned may not demand that the owner of the enclosure place the enclosure into indivisible and joint ownership.

(1) An indivisible joint owner of a hedge may destroy the hedge to the extent of such ownership interest. However, such owner is obligated to build a partition wall at the border demarcating his/her ownership. (2) The same applies to indivisibly and jointly owned moats and banks that exist only for the benefit of the enclosure.

(1) Possession shall refer to the holding of an Object . (2) Holding shall mean the state of controlling an Object as a matter of fact, whether directly or indirectly.

(1) A Object may be possessed indirectly through another person. (2) In cases described in paragraph (1), a person directly holding an Object is referred to as a direct possessor, and a person holding an Object indirectly through another person is referred to as an indirect possessor.

(1) Possession is assigned by delivery of the possessed Object. This form of assignment of possession is referred to as Actual Delivery. (2) Possession may be assigned without actual transfer, by agreement of the parties alone. In this case, the assignee of possession acquires the indirect possession through the directed possession by the assignor. This form of assignment of possession is referred to as Agreement on Possession . (3) Should the assignee of possession currently, actually hold the Object directly, possession may be assigned by agreement of the parties alone. In this way, the assignor of possession loses the indirect possession that he/she had through the holder of the Object. This form of assignment of possession is referred to as Summary Delivery. (4) A person who possesses an Object indirectly through another person may assign possession to a third party by agreement with such third party and notice to this effect to the person in direct possession. This form of assignment of possession is referred to as Assignment of Possession via Instruction.

Possession shall be extinguished when the possessor ceases to hold the Object. This provided that such shall not apply, where the possessor has been dispossessed of the Object, if the possessor repossesses the Object or the possessor files an action for recovery of possession of the Object within one year of such dispossession.4

(1) The possession of an indirect possessor will be extinguished in the following cases: a. If the authority of the direct possessor to possess on behalf of the indirect possessor and duty of direct possessor to 4 This sounds like the English action in detinue, but the translator has not used this term because return as used later in this law extends to immovable as well as Object, unlike detinue which is limited to Object. possess on behalf of the indirect possessor extinguish; b. If a state is recognized that the direct possessor has not agree with the possession of the indirect possessor; or c. If the direct possessor inadvertently losses possession of the Object. (2) In cases falling under subparagraph (c) of paragraph (1) and where the possessor has been dispossessed of the Object, the possession shall not be extinguished if the direct possessor or indirect possessor repossesses the Object or files an action for recovery of possession of the Object within one year of such dispossession.

(1) In some cases of possession the possessor has the intention to become the owner of the Object possessed and in other cases the possessor does not have such intention. Whether such intention exists or not will be determined on the basis of the objective nature of the ground of acquisition of the possession. (2) If on the basis of the objective nature of the acquisition of possession, the possessor does not have the intention to become the owner of the Object, the nature of possession shall not be altered into that involving an intention to become the owner unless the possessor declares to the person who put him into possession that he/she intends to become the owner, or unless he/she commences possession on the basis of a new ground of acquisition of possession with the intention of becoming the owner.

(1) Possession that is acquired with knowledge that one has no right of possession to it is referred to as Possession in Bad Faith and possession acquired without knowledge that one has no right of possession to it as Possession in Good Faith. If the lack of knowledge results from negligence, the possession is referred to as Negligent Possession. (2) Peacable Possession shall refer to possession acquired and maintained without violence. This provided that such will still be peaceful possession if a person who has initially acquired possession peacefully uses violence to protect such possession against unlawful infringement by a third party. (3) Open possession shall refer to possession without concealment, so that persons having rights over the possessed Object can know or see the fact of such possession. (4) Defective Possession refers to possession in bad faith, to possession that despite being in good faith is negligent, to possession that is not peaceful and/or to possession that is not open.

(1) Possessors are presumed to be in possession with the intention of ownership over the Object. (2) Possessors are presumed to be in possession in good faith, peacefully and openly. (3) If there is proof of possession at one time and different times subsequent to that time, possession is presumed to have been continuous throughout the intermediate time. (4) The possessor is presumed to hold lawfully a right to possess the relevant Object.

(1) A successor to possession may at his/her option assert his/her own possession only or his/her own possession together with that of his/her predecessor in possession. (2) If he/she asserts the possession of his/her predecessor together with his/her own, he/she also succeeds to any defective in the possession of the predecessor. Consequently if there are defective in the possession of the predecessor, even if the successor’s possession is non-defective, the two possessions together will be defective.

A possessor, whether direct or indirect, may demand return of the dispossessed Object or removal of disturbance or prevention of disturbance to possession in accordance with those set forth in Article 237 (Right to demand return of Object in possession) through Article 241 (Relation with actions on title).

(1) A possessor who has been dispossessed of an Object may demand return of said Object. (2) A right to demand return of an Object may not be exercised against a person who has acquired the Object from the dispossessor, a pledgee or other successor in interest. This provided that, where such successor knew or should have known of the fact of dispossession, a right to demand return of the Object may be exercised against such successor. (3) An action for return of an Object in possession must be filed no later than one year from the dispossession.

(1) Should a possessor’s possession have been disturbed, he/she may demand removal of such disturbance. (2) An action for removal of disturbance must be filed during the continuance of the disturbance or within one year after it has ceased. This provided that in cases where the Object possessed has been damaged in the course of construction work, the action may not be brought after the lapse of one year from the commencement of such work, or after the completion thereof.

(1) Neither Article 237 (Right to demand return of Object in possession) nor Article 238 (Right to demand removal of disturbance) precludes a demand for damages in torts. (2) An action for damages incurring from dispossession of an Object must be brought not later than one year from the dispossession. (3) An action for damages incurring from disturbance to possession must be brought during the continuance of the disturbance or within one year after it has ceased. This provided that in cases where the Object possessed has been damaged in the course of construction work, the action may not be brought after the lapse of one year from the commencement of such work, or after the completion thereof.

(1) Should there be a danger of disturbance to possession, the possessor may demand prevention of such disturbance. This provided that the court, in lieu of preventing the disturbance, may require the depositing of appropriate security. (2) An action for prevention of disturbance may be brought so long as the danger of disturbance exists. This provided that in cases where there is a danger that the Object possessed will be damaged in the course of construction work, the action may not be brought after the lapse of one year from the commencement of such work, or after the completion thereof.

(1) Ownership, perpetual lease, usufruct, pledge, lease, and other rights that legally justify the holding of an Object are referred to as Title5. 5 This term is different from the ordinary used title in Cambodia such as ‘Certificate Acknowledging Immovable Ownership’, ‘Immovable Possessory Right Title’, ‘Land Possessory Right and Use Title’ (2) The defendant to an action for protection of possession is not permitted to assert a defense based on title against the exercise of a right to demand protection of possession. (3) Actions for possession and actions based on title shall not be mutually exclusive. The defendant to an action for possession may bring a counter-action based on title. (4) Actions for possession shall not be adjudicated upon grounds relating to title.

(1) A person who has been continuously using and profiting a piece of immovable for which a Certificate of Possessory Right to an Immovable has been issued, but over which the registration required for the acquisition of complete ownership has not been effected because the cadastral survey and register have not yet been prepared shall be deemed to be the owner in respect to demands based on real property rights. (2) Even if the person described in paragraph (1) allows a third party to use and profit from the immovable in question, the prior mentioned person shall still be deemed to be the owner in respect of claims based on real property rights. (3) A person who has acquired the Certificate of Possessory Right to an Immovable from the occupant described in paragraph (1) and taken over occupation of the immovable shall be deemed to be the owner in respect of claims based on real rights.

(1) A person who despite being in continuous, peaceful and undisputed occupancy of an immovable that is legally capable of being occupied by a private person for a period of five years prior to the Land Law coming into force, has neglected to register such occupancy based on the Land Law, is permitted to exercise a right to demand protection of possession against a third party who infringes such occupancy. (2) A person who begun continuous occupation of an immovable prior to the Land Law coming into force, and obtained a permit from a governmental authority to extend his/her occupation for a period required for the acquisition of complete ownership is also permitted to exercise a right to demand protection of possession against a third party who infringes such occupancy. (3) So far as the exercise of a right to demand protection of possession is concerned, a one-year period as set forth in Articles 237 (Right to demand return of Object in possession) through Article 240 (Right to demand prevention of disturbance to possession) shall be replaced with a period of three years.

Perpetual Lease shall refer to a long-term lease of an immovable for a term of no less than 15 years.

(1) A perpetual lease shall not be valid unless it is established in writing. (2) A perpetual lease that is not in writing shall be deemed to be a lease without a prescribed period, and may be terminated at any time by either party unilaterally in accordance with Article 615 (Notice of termination of lease without fixed term).

(1) Unless the perpetual lessee registers the perpetual lease, it cannot be asserted against third parties. (2) If the ownership of the immovable that is the subject of a perpetual lease is assigned, a registered perpetual lease may be held up against the transferee. (3) The provisions of Article 598 (Conditions for perfection of Lease of immovables) shall apply to the perpetual lease without register up to 15 years.

(1) The term of a perpetual lease may not exceed 50 years. If a perpetual lease is established with a term exceeding 50 years, it shall be shortened to 50 years. (2) A perpetual lease may be renewed. This provided that the renewed term shall not exceed 50 years counting from the date of renewal.

(1) The perpetual lessee shall pay the rent to the perpetual lessor at the stipulated time. (2) If there is no stipulation of time for payment of rent, the lessee shall pay the rent at the end of each year. This provided that should there be a harvest season, the payment shall be made without delay after such season.

If the rent is no longer appropriate on account of change in circumstances, either party may request the court to increase or decrease the rental to an appropriate amount.

If the perpetual lessee fails to pay the stipulated rent for three years, the perpetual lessor may terminate the perpetual lease.

If no profit can be derived from the immovable for 3 years on account of unforeseeable circumstances or force majeure, or there is no prospect of future profit exceeding the annual rental on account of damage to part of the immovable, the perpetual lessee may terminate the perpetual lease.

(1) Perpetual leases may be assigned with or without consideration, or otherwise disposed. (2) The perpetual lessee may sublease the subject of the perpetual lease. (3) A perpetual lease may be inherited.

A perpetual lessee may exercise the same rights to demand return, to remove disturbance and to prevent disturbance with respect to an infringement of the perpetual lease as the owner.

(1) Upon termination of a perpetual lease, the perpetual lessor cannot demand that the perpetual lessee restore the immovable to its original condition unless the perpetual lessee has destroyed the immovable or fundamentally changed its nature. (2) Upon termination of a perpetual lease, the lessor may acquire the ownership over any improvements and any structures installed on the immovable by the perpetual lessee without having to pay compensation to the perpetual lessee. (3) A special agreement may be made in spite of paragraphs (1) and (2). This provided that such special agreement shall not be held up against third parties unless it is registered.

Mutatis mutandis application of provisions relating to The provisions relating to Leases shall apply mutatis mutandis to any matters relating to Perpetual Leases that are not covered in this

(1) Usufruct refers to the rights to use and enjoy the profits of the immovable of another person for a period that may not exceed the life of the usufructuary. (2) The usufructuary has the right to use the immovable that is the subject of the usufruct for its intended purposes, and to receive the natural fruits and the legal fruits arising from the immovable.

(1) Usufructs may be established by agreement of the parties or by law. (2) Usufructs established by law shall be subject to the provisions of this Chapter 5(Usufruct) unless otherwise provided by law. (3) Usufructs established by law shall take precedence over contractual usufructs, unless otherwise provided by law.

(1) A usufruct may be created in writing or in another manner. (2) The owner may at any time give notice of the extinguishment of a usufruct that is not in writing. In cases where the time of extinguishment of the usufruct is not stated in the notice of extinguishment, or where the period stated, counting from the date of the notice, until the date of extinguishment is less than the applicable period noted below, the usufruct shall be extinguished upon the lapse of the applicable period noted below, counting from the date of the notice: a. In respect of a building, 3 months; and b. In respect of land, 1 year. (3) In the case of a usufruct over land where there is a harvest season, the notice of extinguishment must be given after such harvest season and prior to the commencement of the next cultivation.

(1) Unless a usufruct is registered, it cannot be asserted against third parties. (2) Should the ownership of the immovable that is the subject of a usufruct be assigned, the registered usufruct may be held up against the transferee if it is registered.

(1) A specified term may be provided for a usufruct, or usufruct may be set so that it will continue until the occurrence of a certain event. (2) If no term is specified for a usufruct, it shall be deemed to continue until the death of the usufructuary.

(1) Natural fruits that existed upon the land at the time of establishment of the usufruct shall belong to the usufructuary. (2) Natural fruits that exist on the land at the time of extinguishment of the usufruct shall belong to the landowner. (3) In cases described in paragraphs (1) and (2), no claims of unjust enrichment shall be recognized relating to the labor or other inputs required for the cultivation of the natural fruits. (4) Notwithstanding the provisions of paragraph (1), if there is a perfected lease on the land that is the subject of the usufruct, the right of lessee to collect the natural fruits shall not be affected. (5) Notwithstanding the provisions of paragraph (2), a lessee who leased the land from the usufructuary is entitled to collect the natural fruits that have been cultivated prior to the extinguishment of the usufruct.

Legal fruits shall belong to the usufructuary in proportion to the term of the usufruct.

The usufructuary may assign the usufruct with or without consideration, or otherwise dispose it.

(1) The usufructuary may lease out the immovable that is the subject of the usufruct for a fixed term not exceeding 3 years. (2) The term of the lease described in paragraph (1) may be renewed. This provided that such term may not exceed 3 years. (3) If the usufruct is extinguished, a lease agreement relating to the land subject to the usufruct may not be held against the landowner.

A usufructuary may exercise the same rights to demand return, the removal of disturbance and prevention of infringements of the usufruct as the owner.

(1) If a third party asserts any rights over the immovable that is the subject of the usufruct, the usufructuary shall report without delay to the owner. However, this provision shall not apply in cases where the owner is already aware of such fact. (2) The usufructuary shall have duty to compensate the damages of owner caused by the failure to report to the owner.

(1) If the usufructuary inflicts significant damage on or does not properly preserve the immovable that is the subject of the usufruct or otherwise breaches the intention of the usufruct, the owner may demand that the court extinguish the usufruct. (2) A demand for extinguishment under paragraph (1) shall not preclude a claim for damages in tort against the usufructuary.

A usufruct shall be extinguished by the death of the initial usufructuary, or the expiry of the term of the condition prescribed in the usufruct establishment agreement.

(1) Upon extinguishment of a usufruct, the immovable owner cannot demand that the usufructuary restore the immovable to its original condition unless the usufructuary has destroyed the immovable or fundamentally changed its nature. (2) Upon termination of a usufruct, the immovable owner may acquire the ownership over any improvements and any structures installed on the immovable by the usufructuary without having to pay compensation to the usufructuary or its successor(s). (3) A special agreement may be made in spite of paragraphs (1) and (2). This provided that such special agreement cannot be held up against third parties unless it is registered.

(1) If a building above ground is the sole subject of the usufruct and such building is destroyed, the usufruct may not be exercised over the land. (2) If the subject of the usufruct is both land and building and the building is destroyed, the usufruct over the land shall survive.

(1) The usufructuary shall bear the cost of maintenance and repairs of the immovable that is the subject of the usufruct, and the owner shall bear the expense of major repairs. This provided that if major repairs have become necessary because the usufructuary has failed to carry out maintenance and repairs, the usufructuary shall bear the cost of such major repairs. (2) Major Repairs under this Article refers to changes of principal walls, beams and pillars and foundations and to re-roofing, whereas other repairs refer to maintenance and repairs. (3) If the immovable subject to usufruct has been damaged or destroyed by force majeure, neither the owner nor the usufructuary is responsible for reconstruction or any other responsibilities for the damages or destruction.

During the term of the usufruct, the usufructuary has duty to pay taxes and other imposts relating to the immovable subject to usufruct, and to pay the premiums on insurance over said immovable contracted by the owner prior to the establishment of the usufruct.

The provisions of Article 248 (Rent) and Article 249 (Right to demand increase or decrease of rental) of this code shall apply mutatis mutandis in cases where the usufructuary has duty to pay the consideration periodically.

(1) Right of Use refers to the right to collect the fruits of immovable, to the extent of the needs of the right holder and his/her family. (2) Right of residence refers to the right to occupy part of the building(s), to the extent required for residence by the right holder and his/her family.

(1) Rights of use and rights of residence may be established by agreement of the parties or may arise by provision of law. (2) Rights of use or residence established by law shall be subject to the provisions of this Chapter 6 unless otherwise provided by law. (3) Rights of use or residence established by law shall take precedence over contractual rights of use or residence, unless otherwise provided by law.

(1) Rights of use and rights of residence may be created in writing or otherwise. (2) The owner may at any time give notice of the extinguishment of a right of use or right of residence that is not in writing. In cases where the time of extinguishment of the right of use or right of residence is not stated in the notice of extinguishment, or where the period stated, counting from the date of the notice, until the date of extinguishment is less than 3 months, the right of use or right of residence shall be extinguished upon the lapse of 3 months, counting from the date of the notice.

(1) Unless the holder of a right of use or right of residence actually uses his/her right, it cannot be held against third parties. (2) Even though the ownership of the immovable that is the subject of a right of use or right of residence is assigned, the right may be held against the transferee if it is actually used or resided.

(1) A specific term may be provided for a right of use or right of residence, or it may be provided that such term will continue until the occurrence of a certain event. (2) If no term is specified for a right of use or right of residence, it shall be deemed to continue until the death of the right holder.

A right of use or right of residence shall remain in effect, notwithstanding the expansion of the family on account of marriage or childbirth after the creation of such right.

(1) Holders of rights of use or rights of residence are not permitted to assign or otherwise dispose such rights. (2) Holders of rights of use or rights of residence are not permitted to lease out the immovable that is the subject of such rights.

Holders of rights of use or rights of residence may exercise the same rights to demand return, to remove disturbance and to prevent disturbance in relation to an infringement of his/her rights of use and rights of residence as those of the owner.

(1) If the holder of a right of use or right of residence inflicts significant damage on or does not properly preserve the immovable that is the subject of such right or otherwise breaches the intention of the right, the owner may demand that the court extinguish the right of use or right of residence as the case may be. (2) A demand for extinguishment under paragraph (1) shall not preclude a claim for damages in tort against the right holder.

The right of use or right of residence shall be extinguished by the death of the right holder of the right to use or the right to residence or according to the terms or conditions specified in the contract that creates the right of use or the right of residence.

(1) If the holder of a right of use or right of residence collects the whole of the fruits of the land or occupies the whole of the building(s), he/she shall have the same Obligation to pay expenses of repairs and maintenance, taxes and other imposts and insurance premiums as an usufructuary. (2) If the holder of a right of use or right of residence collects only a portion of the fruits or occupies only a portion of the building(s), he/she shall be liable for the expenses described in paragraph (1) pro rata such portion.

(1) An Easement is the right to use the land of another for the benefit of one’s own land, in accordance with the purpose specified in the contract of creation. This provided that an easement may not be created that contravenes public order. (2) The other person’s land that is used for the benefit of one’s own land is referred to as the Servient Land, and the land that enjoys the benefit of the easement is referred to as the Dominant Land. (3) A perpetual lessee or usufructuary is also entitled to create an easement using the subject land as the dominant land.

(1) An easement may be created by writing or otherwise. (2) The owner of the Servient Land may at any time give notice of the extinguishment of an easement that is not in writing. In cases where the time of extinguishment of the easement is not stated in the notice of extinguishment, or where the period stated, counting from the date of the notice, until the date of extinguishment is less than 1 month, the easement shall be extinguished upon the lapse of 1 month, counting from the date of the notice.

(1) Unless an easement is registered, it cannot be held against third parties. (2) An easement that has been registered may be held against a person acquiring the Servient Land.

In addition to the owner of the dominant land, a lessee, perpetual lessee, usufructuary or holder of a right of use or right of residence over the dominant land is entitled to enjoy the benefit of an easement. This shall not apply where otherwise provided in the contract creating the easement.

(1) An easement passes along with the ownership of the dominant land if the ownership of the dominant land is assigned. This shall not apply where otherwise provided in the contract creating the easement. (2) An easement may neither be assigned nor made the subject of other rights separately from the dominant land.

(1) The owner of the Servient Land must not obstruct the exercise of the easement or do anything that reduces the utility thereof. (2) The owner of the Servient Land may not change the land that is originally agreed to be the Servient Land to other land without the consent of the easement holder. This provided that if continuing to use the original Servient Land as the Servient Land would cause severe detriment to the owner of the Servient Land due to a change to circumstances occurring after the establishment of the easement, said owner may offer other land as the Servient Land that is beneficial to the same degree to the dominant land. If the easement holder does not consent to this, a judgment may be sought from the court in lieu of the said consent.

(1) The easement holder may not use the Servient Land beyond the scope provided in the contract creating the easement. The easement for using the water created at a water source includes the right to way over the land where the water source is. (2) The easement holder may not alter the Servient Land or the dominant land in a manner that could have serious adverse impacts on the condition of the Servient Land. (3) If the easement holder breaches the provision of the first sentence of paragraph (1), and paragraph (2) above, the owner of the Servient Land may apply to the court for extinguishment of the easement. (4) An application for extinguishment under paragraph (3) above shall not preclude a claim for damages in tort against the easement. (5) If consideration is prescribed for the easement and the easement holder does not pay the prescribed consideration, the owner of the Servient Land may apply to the court for extinguishment of the easement.

(1) The easement holder may erect structures necessary for the exercise of the easement on the Servient Land. Upon extinguishment of the easement, the easement holder shall remove such structures and restore the Servient Land to its original condition. (2) To the extent that this does not obstruct the exercise of the easement, the owner of the Servient Land may use any structures erected on the Servient Land for the purpose of exercise of the easement. (3) In cases described in paragraph (2), the owner of the Servient Land shall share the costs of erecting and maintaining the structures in proportion to the profits it receives.

(1) Unless otherwise provided, the owner of the dominant land shall pay the expenses of construction and maintenance of structures necessary for the exercise of the easement. (2) If there is special agreement for the owner of the Servient Land to pay the expenses of construction and maintenance of structures and such agreement is registered, the burden thereof shall transferred to any person who acquires ownership of the Servient Land.

An easement holder may exercise the same rights to demand return, to remove disturbance and to prevent disturbance in relation to an infringement of the easement as the owner.

(1) Should there be special agreement for the owner of the Servient Land to pay expenses under Article 293 (Allocation of expenses of structures), said owner may at any time be released from the burden of such agreement by relinquishing the ownership of that portion of the land that is necessary for the easement to the easement holder. (2) Relinquishment refers to the relinquishment by the owner of the ownership of the Servient Land based on his/her unilateral Declaration of Intent and the transfer of such ownership to the easement holder.

(1) Should a term be prescribed in the contract that creates the easement, the easement shall be extinguished at the expiry of such term. (2) Should a term not be prescribed in the contract of creation of easement, the owner of the Servient Land may apply to the court for extinguishment of the easement. The court shall decide whether or not to extinguish the easement through a consideration of the facts of the case such as the circumstances of the creation, past duration, existence or inexistence of the consideration.

An easement shall be extinguished in cases where the dominant land is completely destroyed.

(1) A single joint owner of the dominant land may not extinguish an easement in respect of his/her share. (2) A single joint owner of the Servient Land may not extinguish an easement in respect of his/her share.

(1) If the dominant land is subdivided or a portion assigned, the easement shall remain in force for each portion of said land. This provided that if by its nature such only relates to a portion of the dominant land, it shall lapse in relation to the other portion(s) of said land. (2) If the Servient Land is subdivided or a portion assigned, the easement shall remain in force for each portion of said land. This provided that if by its nature it only relates to a portion of the Servient Land, it shall lapse in relation to the other portion(s) of said land.

(1) An easement may be acquired by prescriptive acquisition, but only where it is continuous and apparent. (2) Continuous Easement refers to an easement where without human action being required, the easement has materialized only because of the location of the place, and without interruption has been providing a benefit to the dominant land and imposing a burden on the Servient Land. (3) Apparent Easement refers to an easement that has become apparent and materialized through an externally visible structure or other vestige.

(1) If one joint owner of the dominant land acquires an easement by prescription, the other joint owners s shall also acquire such easement. (2) Any interruption of prescription as against joint owner shall not be effective unless it is effected against each joint owner who is exercising the easement. (3) If there are two or more joint owners exercising the easement, prescription shall run in favor of each joint owner notwithstanding that there is cause for the suspension of prescription against one of them.

The period of extinctive prescription prescribed in Article 500 (Suspension of completion of extinctive prescription regarding rights between spouses) of this code shall be computed in respect of a non-continuous easement, from the time when the easement was last exercised, and in the case of a continuous easement, from the time of occurrence of the event that is obstructing the exercise of the easement.

If the dominant land belongs to two or more joint owners, interruption or suspension of prescription occurring in favor of one of them shall inure to the benefit of the other joint owners.

If the easement holder does not exercise part of the easement, that part of the easement shall be extinguished by extinctive prescription.

(1)If the occupant of the Servient Land satisfies the conditions for prescriptive acquisition, the easement shall thereby be extinguished. (2)If the easement holder exercises the easement within the period of occupancy required for prescriptive acquisition, the Servient Land acquired by prescription by the occupant shall be subject to the burden of the easement.

Ownership and other real rights of the state, Buddhist temples, minority ethnic groups and other communities shall be subject to the provisions of the Civil Code, except where otherwise provided by special law or custom.

The provisions of the Civil Code relating to perpetual leases shall apply mutatis mutandis to land rights created by concession, within the scope of the conditions relating to such concession, except where otherwise provided by special law.