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=U3= Sec1090 -- Section 1090 Statutory definition of the restricted personal easement
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=S=> BGB 1090. 1 A plot of land may be encumbered in such a way that the person for whose benefit the encumbrance is made is entitled to use the plot of land in individual respects , or that he is authorised in another way that may form the subject of an easement ( restricted personal easement ) .
=S=> BGB 1090. 2 The provisions of sections 1020 to 1024 , 1026 to 1029 and 1061 apply with the necessary modifications .
=U3= Sec1091 -- Section 1091 Scope
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=S=> BGB 1091 The scope of a restricted personal easement is determined in case of doubt by the personal need of the person entitled .
=U3= Sec1092 -- Section 1092 Non-transferability ; permission of exercise
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=S=> BGB 1092. 1 A restricted personal easement is not transferable . The use of the easement can be ceded to another only if the ceding of the use is permitted .
=S=> BGB 1092. 2 If a restricted personal easement or the right to be granted a restricted personal easement is owed to a legal person or a partnership having legal personality , the provisions of sections 1059a to 1059d apply with the necessary modifications .
=S=> BGB 1092. 3 If a legal person or a partnership having legal personality has the right to a restricted personal easement that entitles the holder to use a plot of land for facilities to conduct electricity , gas , district heating , water , sewage , oil or raw materials including all associated installations that directly serve the conducting , for telecommunications installations , for installations to transport products between places of management of one or more private or public enterprises or for tram or railway installations , the easement is transferable . The transferability does not include the right to divide the easement according to the elements it authorises . If one of the persons named in sentence 1 has a claim to the grant of such a restricted personal easement , the claim is transferable . The provisions of sections 1059b to 1059d apply with the necessary modifications .
=U3= Sec1093 -- BGB 1093. 1 The right to use a building or part of a building as a residence , excluding the owner , may also be granted as a restricted personal easement . This right is governed by the provisions applying to usufruct of sections 1031 , 1034 and 1036 , of section 1037 ( 1 ) and of sections 1041 , 1042 , 1044 , 1049 , 1050 , 1057 and 1062 with the necessary modifications . BGB 1093. 2 The person entitled is authorised to admit into his residence his family and the persons required for service befitting his station and for care . BGB 1093. 3 If the right is restricted to a part of the building , the person entitled may share the use of the facilities and installations intended for the common use of the occupants . § Div5
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=S=> Division 5 Right of preemption
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