Explanation of Article 700
The article clarified the general reasons for acquiring the right of easement, which are:
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The first reason: legal disposition, legal disposition is considered one of the reasons for acquiring the right of easement; it grants the right of easement initially or by transfer; as follows: A- Legal disposition, whether bilateral, which is the contract, or unilateral, which is the will, grants the right of easement initially; either by creating the right or retaining it; an example of acquiring the right of easement initially by creating the right is when the owner of the dominant property arranges on his property a right of easement for the benefit of another property owned by another owner in exchange for a monetary amount, and an example of acquiring the right of easement initially by retaining the right is when a person sells part of his land and stipulates to the buyer the right of passage over the sold part for the benefit of the remaining land. The formal and substantive rules related to the type of legal disposition apply to this disposition. B- Legal disposition also grants the right of easement by transfer; this includes the contract and the will; as well as preemption; every reason for acquiring ownership in real estate can be a reason for acquiring the right of easement, except for those that do not suit the nature of the right of easement, which is adhesion; because the right of easement follows the property disposed of; if it is permissible to acquire ownership of the property by preemption, then the preemptor owns accordingly the easement rights established for that property.
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The second reason is inheritance, inheritance is considered a legal event that occurs to be a reason for acquiring the right of easement, and inheritance grants the right of easement by transfer, as it is inconceivable to grant the right of easement initially, so if the property is transferred by inheritance, the right of easement is also transferred by inheritance.
In addition to the general reasons for acquiring the right of easement, the right of easement may be acquired by a specific legal provision that establishes a right of easement on a property for the benefit of another property; the source of acquiring this right is that legal provision which clarifies its rules; such as some statutory easement rights outlined in this section.
Related To
Article 700
An easement shall be acquired by legal disposition or inheritance.