Civil Code (Cap. 16)

Civil Code (Cap. 16), article 474

Official PDF on legislation.mt

474. (1) The owner of the servient tenement cannot do anything which tends to diminish the exercise of the easement o r to make such exercise more inconve nient. He may not alter the condition of the tenement, nor may he assign for the exercise o f the easement any part of the tenement other than that over which it was originally established. (2) Nevertheless, if the exercise of the easement in or over the part originally assigned has become more burdensome to the owne r of the servient tenement, or if such owner is thereby prevented from carrying out works, repairs, or improvements in his teneme nt, he may offer to the owner of the dominant tenement a part equal ly convenient for the exercise of the easement, and the latter may not refuse it. (3) The part of the tenement assigned for the exercise of the easement may likewise be changed upon the demand of the owner of the dominant tenement, if he proves that such change will be of considerable advantage to h im, and will cause no damage whatsoever to the servient tenement. Owner of dominant tenement may not render easement more burdensome.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.