Explanation of Article 611
The principle is the owner's freedom to use, exploit, or dispose of their property. However, there are two types of exceptions to this principle that impose restrictions on ownership: statutory restrictions established by the law and voluntary restrictions.
This article refers to the first type of restrictions on ownership, which are statutory restrictions. The owner must adhere to the restrictions imposed by the laws when using their property.
These restrictions may be established for the public interest and are regulated by specific laws, such as building and construction requirements, and prohibiting the owner from digging a well on their land to preserve water resources. There are many such restrictions.
Statutory restrictions may also aim to achieve private interests. These include restrictions related to neighborly rights, where the owner must not use their property in a way that harms their neighbor.
They also include restrictions to prevent abuse of rights, as mentioned in Article (29), which provides examples of abuse, such as using a right solely to harm others, or when the benefit from using the right is completely disproportionate to the harm caused to others, or if the right holder uses their right for an unauthorized purpose or an unlawful goal.
The law may impose easement rights on certain lands, which become statutory restrictions limiting the owner's ownership, such as certain types of easement rights outlined in Articles (702 - 710), like the right of water passage over land to reach areas far from the water source.
The second type of restrictions are voluntary restrictions, examples of which include easement rights created by the owner on their land, and the condition of non-disposal, which will be explained later.
Related To
Article 611
The owner shall, in the exercise of his rights, comply with the restrictions provided for in the legal provisions governing public or private interest.