Part Ⅲ Rights In Rem
Chapter 3 Superficies
Section 2 - Divided Superficies
A Divided Superficies is a superficies created within a certain scope of space on or under other’s land.
A divided superficiary may enter into an agreement regarding the limits on uses and profits with the person who has the rights to use and profit upon or under the land where a divided superficies is created. If the agreement is not consented to by the landowner, the landowner shall not be bound by it after rights to use and profit the land have extinguished.
The agreement provided in the preceding paragraph shall not be effective against a third party unless it has been registered.
The court shall consider a third party’s interests in determineing the duration of the Divided Superficies according to the fourth paragraph of Article 840 if the third party’s rights will be affected.
Where a divided superficies has been compensated at current market price or extended the duration according to Article 840, and the rights of a third party could have been affected, the third party should be reasonably compensated. The sum of compensation shall be determined by an agreement, if such agreement cannot be reached, the parties can apply to a court to determine it.
Where a divided superficies and the right in rem for the purpose of use both exist on the same land at the same time, the exercise of the later created right in rem cannot interfere with the right in rem created ahead.
Unless otherwise provided in this section, the provisions of general superficies shall be mutatis mutandis applied to divided superficies.