Civil Code (Cap. 16)
Civil Code (Cap. 16), article 538
538. (1) Where a person has reason to apprehend that in
consequence of a new work undertaken by any other person either
in such other person’s own tenement or in the tenement of others,
damage may be caused to an immovable thing possessed by him, he
may bring an action demanding that such other person be restrained
from continuing such new work, provided this shall not have as yet
been completed and one year shall not have elapsed from the
commencement thereof.
(2) The court, after summarily taking cognizance of the facts of
the claim, may, according to circumstances, either restrain or allow
the continuation of such new work, ordering such security as it may
deem proper.
(3) Where the continuation of the work has been restrained,
such security shall be in respect of the payment of any damages
which may be caused by the suspension of the work, in case the
opposition to the continuation thereof shall prove to be groundless.
(4) Where the continuation of the work has been allowed, such
security shall be for the total or partial demolition of the work, and
for the payment of the damages which the plaintiff may suffer, in
case he obtains, notwithstanding that the work was allowed to be
continued, a final and absolute judgment in his favour.
Action competent
to person
apprehending
damage from any
building, tree, etc.
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