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Chapter Law Content

Title: Civil Code CH
Category: Ministry of Justice(法務部)
Part Ⅲ Rights In Rem
Chapter 2 Ownership
Section 2 - Ownership of the Real Property
Article 773
Unless otherwise restricted by the Acts and regulations, ownership of land extends to such height and depth above and below the surface of the land within the range advantageous to the exercise of such ownership. Interference from others shall not be excluded if it does not obstruct the exercise of the ownership.
Article 774
In carrying on business and in exercising his ownership, the landowner shall takes care to prevent the occurrence of any injury to the adjacent land.
Article 775
The landowner shall not prevent the natural flow of water coming from an adjacent land.
The landowner shall not prevent all of the natural flow of water which is indispensable to the adjacent land, even though it is necessary for utility of his land.
Article 776
When the disruption or obstruction of works constructed on a piece of land for the purposes of storing, draining or drawing water has caused prejudice or may cause prejudice to another's land, the landowner shall, at his own expenses, make necessary repair, dredging or prevention. However, if the bearing of such expenses is otherwise provided by custom, such custom shall be followed.
Article 777
The landowner shall not construct the eaves, works or other equipment which will cause rain water or other liquid to fall directly upon the adjacent real property.
Article 778
When the flow of water is obstructed by accident on the adjacent land, the landowner is entitled to construct necessary works for its dredging at his own expenses. Provided that the owner of the adjacent land, who has taken the advantage, shall bear the reasonable expenses in proportion to the interests which he is benefited therefrom.
The bearing of such expenses of the preceding paragraph is otherwise provided by custom, such custom shall be followed.
Article 779
For the purpose of drying out the marshy land or discharging superfluous water of household use or of other use to the river or waterway, the landowner is entitled to conduct such water through the adjacent land, provided that the place and method which will cause the least injury to the adjacent land shall be chosen.
In the case of the preceding paragraph, the person entitled to passing through shall make compensation for any injury caused to the adjacent land.
In the case of the preceding two paragraphs, if it is otherwise provided by the statutes or custom, such statutes and custom shall be followed.
In the case of the exception of the first paragraph, where the owner of the adjacent land has an objection, the person entitled to passing through or the person who has objection is entitled to apply to the court to make a decision..
Article 780
The landowner is entitled, for the purposes of conducting water on his land, to use the works constructed by the owner of the adjacent land, provided that he shall bear the expenses of the construction and maintenance of such works in proportion to the interests which he is benefited therefrom.
Article 781
The owner of a land where water originates, or of a well, waterway or other land through which water flows, is entitles to freely use the water, except there are statutes or customs.
Article 782
The owner of a land where water originates, or of a well, is entitled to claim compensation against another, who, owing to the works carried on by him, cuts off, reduces or pollutes the water of such land or well. If the water is necessary for drinking or for utilizing the land, the said owner is also entitled to claim to have the status quo ante restored. If it is impossible to have the status quo ante completely restored, then restoration shall be performed within the possible scope.
In the case of the preceding paragraph, if the damages are not caused by intentional acts or negligence, the court may reduce the amount of damages or exempt the liability.
Article 783
The landowner, who cannot procure the water necessary for his household or for utilizing his land without undertaking excessive expenses or labor, is entitled to make compensation and demand the owner of the adjacent land for the spare water.
Article 784
The owner of a land through which the water flows shall not change the course or the width of the water, when the land on the opposite shore belongs to another person.
When the land on both shores belongs to the same owner of the land through which the water flows, he is entitled to change the course or the width of the water, provided that the natural course of the water at its lower mouth shall be kept.
In the case of the preceding two paragraphs, if it is otherwise provided by statutes or customs, such statutes or customs shall be followed.
Article 785
The owner of a land through which the water flows is entitled to, when it is necessary to construct a weir, rest the weir on the opposite shore, provided that compensation shall be made for any injury resulting therefrom.
The owner of the land on the opposite shore is entitled to use the weir specified in the preceding paragraph, when a part of the land through which the water flows belongs to him, provided that he shall bear the expenses of construction and maintenance of such weir in proportion to the interests which he is benefited therefrom.
In the case of the preceding two paragraphs, if it is otherwise provided by statutes or customs, such statutes or customs shall be followed.
Article 786
Where electric wires, water pipes, gas pipes or other pipes cannot be constructed without making use of the land of another or where they can only be constructed through the incurring of excessive expenses, the landowner is entitled to construct the said wires or pipes on, over or under the land of another person, provided that the place and method of constructing such wires or pipes which will cause the least injury to such other land shall be chosen and provided that compensation shall be made.
If, after the construction of electric wires, water pipes, gas pipes or other pipes has been made in accordance with the provision of the preceding paragraph, there is change of circumstances, the owner of such other land is entitled to demand to change the aforesaid construction.
The expenses of the change of such construction shall be born by the landowner. However, if it is otherwise provided by statutes or customs, such statutes or customs shall be followed.
The fourth paragraph of Article 779 shall apply mutatis mutandis to the exception of the first paragraph.
Article 787
If a piece of land is not fit for ordinary use because there is no suitable access to a public road, the landowner is entitled to access the surrounding land in order to reach the public road unless the lack of access is otherwise caused by the arbitrary behavior of a landowner. In the case of the preceding paragraph, the person with the right of access shall, within the limits necessary for access, choose the place and method which will cause the least injury to the surrounding land. Compensation shall be made for any injury caused as a result of the access.
The fourth paragraph of Article 779 shall apply mutatis mutandis to the case of the preceding paragraph.
Article 788
The person entitled to access may construct a road when necessary, provided that he shall compensate for any injury caused thereby to the land accessed.
In the preceding case, if extensive injury is caused by such access, the landowner may require the person accessing his property to purchase the land accessed and the odd lot caused thereby for a reasonable price, with such price agreed to by both parties. If the parties cannot agree upon the purchase price, the price shall be determined by a court.
Article 789
If, in consequence of a transfer of a part of a piece of land or of a partition of a piece of land, the land has no suitable access to the public road, and is not fit for ordinary use, the landowner in order to reach the public road, is only entitled to pass through the land owned by the transferee or the transferor or the other petitioners. The same rule shall be applied, if a piece of land has no suitable access to the public road and becoming unfit for ordinary use after the owner of many pieces of lands has transferred some of the lands or simultaneously transferred all lands to others.
In the case of the preceding paragraph, the person entitled to passing through shall not liable to make compensation.
Article 790
The landowner has the right to prohibit other persons from trespassing on his land, except any of the following cases:
(1) When the other persons are entitled to passing through the land.
(2) When, according to the local custom, it is allowed to enter his (the owner's) field, pasture or forest, around which no fence has been made, for the purpose of cutting and taking grass, of gathering dead branches or timber, of collecting wild products or of grazing stock.
Article 791
If, things or animals of another have by accident entered the land, the landowner shall allow the possessor or the owner of the things or animals to enter the land in order to find them and take them back.
In the case specified in the preceding paragraph, the landowner is entitled to claim compensation for the injury, if any; and he is also entitled to retain the said things or animals until such compensation has been made.
Article 792
The landowner shall allow the owner of an adjacent land to use such part of his land necessary for the construction or repair of the building or other works on or near the abuttal. However he may claim compensation for any injury resulting therefrom.
Article 793
The landowner is entitled to prohibit the discharge of gases, steam, odours, smoke, heat, soot, noises, vibrations and other similar nuisances from another person's land, building or other works, except such nuisance is insignificant or is justified by the shape of the land or by local custom.
Article 794
In excavating the land or in constructing buildings, the landowner shall not cause the foundations of the adjacent land to be shaken or endangered, nor can he cause any injury to the building or other works of the adjacent land.
Article 795
If there is danger of falling of the whole or a part of a building or other works on a piece of
and, and this may prejudice to the adjacent land, the owner of the adjacent land is entitled
to claim for necessary prevention.
Article 796
If a landowner constructs a building onto adjacent property with no intent or gross negligence, then the adjacent landowner shall not claim to remove or alter the building if the owner of the adjacent land is aware of the trespass and does not immediately object. The landowner shall compensate the adjacent property owner for any injury caused.
In the case of the preceding paragraph, the adjacent property owner may require the landowner to purchase the part of the trespassed land and the odd lot caused thereby at a reasonable price. If the parties cannot agree upon the purchase price, the price shall be determined by a court.
Article 796-1
If the landowner construct a building beyond the abuttal, and the owner of the adjacent property claim to remove or alter such building, the court may take the public interest and the interest of both parties into account and order the release of all or part of the removal or alternation, unless the landowner intentionallly construct a building beyond the abuttal.
Article 796-2
The preceding two articles shall apply mutatis mutandis to other constructions that have a value equivalent to a building.
Article 797
If the branches or roots of plants of the adjacent land have spread beyond the abuttal, the landowner is entitled to require the owner of the plants to cut and rid the said branches or roots within a reasonable period.
If the owner of the plants does not cut and rid the said branches or roots within the period specified in the preceding paragraph, the landowner is entitled to cut and take the encroaching branches or roots, and is also entitled to claim the expenses caused thereby.
The provisions of the preceding two paragraphs shall not apply to such encroaching branches or roots that do not interfere with the utility of the land.
Article 798
Fruits that fall naturally on an adjacent land are deemed to belong to the owner of such land, except if it is a land for public use.
Article 799
A condominium building is a building that is partitioned by several persons. Each of these persons owns an individual unit of it and has individual ownership of the individual unit, and the common elements of the building and its accessories is held tenancy in common by all the owners.
The individual unit which is a part of a condominium building, provided in the preceding paragraph, means the property that is independent both in construction and in use, is the object of individual ownership. The common elements means the property excluding the individual units of a condominium.
The individual unit, under the permission of its owner, may be jointly used by all the owners of the condominium by master lease. The common elements, unless the statutes provides otherwise, may be used by specific owners of the condominium by master lease.
The owner’s share to the common elements of the building and the land on which the building is erected is decided by the ratio of his own individual unit to the total of the individual units, if it is otherwise provided by master deed, such deed shall be followed.
The individual unit and its dependent rights of the common elements of the building with the land on which the building is erected, shall not separately transfers or establishing encumbrances.
Article 799-1
The expenses of repair and other charge to the common elements of a condominium building shall be born by all the owners in proportion to their respective shares, except there is another agreement.
The preceding paragraph shall apply mutatis mutandis to the individual unit which is agreed to be used by all owners of a condominium building in accordance with the provisions of the third paragraph of the preceding article.
After considering the location, coverage, its purpose of use, its use condition, whether or not the owner has paid the consideration, and other conditions of the individual unit, the common elements, and the land on which the building is erected, if the provision of the master deed is obviously unfair, the opposing owner of the condominium may file a claim with the court to revoke it within three months after the establishment of the master deed.
The rights and duties deriving from the master deed between the owners shall be binding upon owners’ successors. The rights and duties deriving from other agreements shall apply, if the specific successor knows or has a reason to know the content of the agreements.
Article 799-2
The provisions of Article 799 shall be mutatis mutandis applied where a person own a building and the building has been recorded as a condominium.
Article 800
In the case of Article 799, if it is necessary for an individual unit owner to use the middle gate which belongs to another individual unit owner, he is entitled to do so, unless it is otherwise provided by a particular agreement or custom which shall then govern.
Owing to the preceding use, compensation shall be made for any injury caused to another individual unit owner.
Article 800-1
The provisions of Article 774 to the preceding article shall apply mutatis mutandis to the superficiary, the agricultural right holder, the owner of a dominant real property, dian-holder, lessee or other users of land, building and other works.