1010
=U3= Sec1018 -- Section 1018 Statutory definition of easement
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=S=> BGB 1018 A plot of land may be encumbered in favour of the owner for the time being of another plot of land in such a way that the latter may use the plot of land in specific connections or that particular acts may not be undertaken on the plot of land or that the exercise of a right towards the other plot of land that arises from the ownership of the encumbered plot of land is excluded ( easement ) .
=U3= Sec1019 -- Section 1019 Benefit of the dominant plot of land
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=S=> BGB 1019 An easement may consist only in an encumbrance that offers a benefit for the use of the plot of land of the person entitled . The definition of the easement cannot be extended beyond the degree resulting from this .
=U3= Sec1020 -- Section 1020 Considerate use
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=S=> BGB 1020 When using an easement , the person entitled must if possible observe the interest of the owner of the servient plot of land . If he maintains an installation on the servient plot of land in order to use the easement , he must keep the installation in a proper condition to the extent that the interest of the owner requires this .
=U3= Sec1021 -- Section 1021 Agreed duty of maintenance
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=S=> BGB 1021. 1 If , in order to use an easement , there is an installation on the servient plot of land , it may be determined that the owner of this plot of land must maintain the installation , to the extent that the interest of the person entitled requires this . If the owner has the right to share the use of the installation , it may be determined that the person entitled must maintain the installation , to the extent that this is necessary for the owner's right of use . BGB 1021. 2 Such a duty of maintenance is governed by the provisions on charges on land with the necessary modifications .
=U3= Sec1022 -- Section 1022 Installations on building structures
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=S=> BGB 1022 If the easement consists in the right to maintain a building structure on a building structure of the servient plot of land , then , unless otherwise provided , the owner of the servient plot of land must maintain his structure , to the extent that the interest of the person entitled requires this . The provision of section 1021 ( 2 ) also applies to this duty of maintenance .
=U3= Sec1023 -- Section 1023 Moving the use
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=S=> BGB 1023. 1 Where the use of an easement for the time being is restricted to part of the servient plot of land , the owner may require the use to be moved to another place that is equally suitable for the person entitled , if the use in the previous place is particularly arduous for him ; he must bear and advance the costs of moving . This also applies if the part of the plot of land to which the use is restricted is determined by legal transaction .
=S=> BGB 1023. 2 The right to move the use may not be excluded or restricted by legal transaction .
=U3= Sec1024 -- Section 1024 Coincidence of more than one right of use
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=S=> BGB 1024 If an easement coincides with another easement or another right of use of the plot of land in such a way that the rights cannot concurrently be exercised or fully exercised , and if the rights are of the same priority , each person entitled may require arrangements for the use that observe the interests of all persons entitled as appears just .
=U3= Sec1025 -- Section 1025 Division of the dominant plot of land
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=S=> BGB 1025 If the plot of land of the person entitled is divided , the easement continues in existence for the separate parts ; however , the use of the easement is in case of doubt admissible only in such a way that it does not become more burdensome for the owner of the servient plot of land . If the easement benefits only one of the parts , it is extinguished for the other parts .
=U3= Sec1026 -- Section 1026 Division of the servient plot of land
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=S=> BGB 1026 Where the servient plot of land is divided , then , if the use of the easement is restricted to a particular part of the servient plot of land , the parts that lie outside the area of use are released from the easement .
=U3= Sec1027 -- Section 1027 Interference with easement
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=S=> BGB 1027 If an easement is interfered with , the person entitled has the rights set out in section 1004.
=U3= Sec1028 -- Section 1028 Limitation
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=S=> BGB 1028. 1 Where an installation has been erected on the servient plot of land that interferes with the easement , the claim of the person entitled to the removal of the interference is subject to limitation even if the easement is registered in the Land Register . On the expiry of the claim by limitation , the easement is extinguished to the extent that the existence of the installation conflicts with it .
=S=> BGB 1028. 2 The provision of section 892 does not apply .
=U3= Sec1029 -- Section 1029 Protection of possession of the lawful possessor
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=S=> BGB 1029 Where the possessor of a plot of land is disturbed in the use of an easement registered in the Land Register for the owner , the provisions applying to the protection of possession are applied with the necessary modifications if the easement was used within one year before the interference , even if only once .
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