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Explanation of Article 716

Explanation of Article 716

The article clarifies the ruling when the right of irrigation is jointly owned among several partners, whether the water source is a stream, a well, or otherwise. None of the partners is allowed to divert another stream from it, nor is any partner permitted to install a device, such as a pump or a water extraction tool, for their land or to expand their area, except with the consent of the remaining partners. The provisions stipulated in the ownership and division of common property apply to this article, in accordance with the nature of the right of irrigation.

Article 716

The right of easement shall terminate in the following cases:

a) If the term of the easement expires or the subject thereof ceases to exist.

b) If the dominant real property and the servient real property become owned by a single owner.

c) If the use of the easement becomes impossible due to a change in the condition of the dominant and servient real properties; the right of easement shall be restored upon restoration of the previous conditions.

d) If the holder of the right relinquishes such right and notifies the owner of the servient real property of such relinquishment.

e) If the purpose for which such right was established to the dominant real property ceases to exist, or if the benefit diminishes in proportion to the burdens imposed on the servient real property.