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Book 3 · Law of property  ›  Title 3 · Restricted personal easements › Section 1092

Non-transferability; ceding the exercise

(1) A restricted personal easement is not transferable. The exercise of the easement may be ceded to another only if ceding the exercise is permitted.

(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, then the provisions of sections 1059a to 1059d apply accordingly.

(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 serving 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. Where one of the persons named in sentence 1 is entitled to a claim to be granted such a restricted personal easement, the claim is transferable. The provisions of sections 1059b to 1059d apply accordingly.

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