A servitude of real property is the right to use the property of another person for accessing, drawing water, lightening, surveying, telecommunication or other specific convenience of one’s own property.

Where a servitude of real property and a right in rem for the purpose of benefiting from its use both exist on a real property at the same time, the exercise of the later created right in rem cannot interfere with the right in rem created ahead.

A servitude of real property cannot be acquired by prescription except those which are continuous and apparent.
In the case of the preceding paragraph, if the dominant real property is held in division, the act of one of the co-owners or the act against one of the co-owners shall be effective for the interests of other co-owners.
The act, which interrupts the prescription, against those co-owners, who will acquire servitude of real property by prescription, will be effective to all of the co-owners.

A servitude of real property can not be separately transferred from the dominant real property or created other right.

The owner of the dominant real property is entitled to perform such attached acts as are necessary for exercising or preserving his/her rights, provided that he shall choose the place and the method which will cause the least injury to the servient real property.

The owner of a dominant real property, who makes constructions for the purpose of exercising his/her rights, is bound to maintain such constructions. The same rule is applied when the construction is provided by the owner of the servient real property.
The owner of the servient land may use the constructions as specified in the preceding paragraph to the extent the exercise of the servitude of real property has not been obstructed, and shall bear his share of the expenses for the maintenance of the constructions in proportion to the interests he is benefited therefrom.

The owner of a servient real property or the owner of a dominant real property may, for the necessity to change the place or method of exercising servitude of real property which does not heavily hinder the owner of the dominant real property or the owner of the servient real property to exercise his rights, claim to change by paying on his own.

Where a dominant real property is partitioned, its servitude of real property still continues for the interests of all its parts. However if according to its nature the exercise of the servitude of real property actually refers to only one part of the dominant real property, such servitude still continues only in respect to such part.

Where a servient real property is partitioned, the servitude of real property still continues on all its parts. However, if according to its nature the exercise of the servitude of real property actually refers to only one part of the servient real property, such servitude still continues only as against such part.

(Repealed)

Where the continuance of all or part of the servitude of real property is no longer necessary, the court may, on the application of the owner of the servient real property, declare such servitude of real property extinguished upon the part of which the continuance is no longer necessary.
A servitude of real property is extinguished by virtue of destruction or failure in use of the dominant real property.

When a servitude of real property is extinguished, the provision of Article 839 shall apply mutatis mutandis to the construction made by the owner of a dominant real property.

The provisions of Article 834 to Article 836-3 shall apply mutatis mutandis to a servitude of real property.

When using the dominant real property is based on a right in rem for the purpose of benefiting from its use or a lease, a servitude of real property may be created for the said real property.
The servitude of real property as specified in the preceding paragraph is extinguished when the right in rem for the purpose of benefiting from its use or the lease is extinguished.

A servitude of real property may be created on one’s own real property.

The provisions of Article 851 to 859-2 shall apply mutatis mutandis to the preceding two paragraphs.