Article 1246

The holder of the right of use of the dominant tenement may take any steps and construct any works necessary for the enjoyment and preservation of the servitude.

Unless otherwise provided in the agreement establishing the servitude, such works shall be constructed at the expense of the holder of the right of use of the dominant tenement.

He has the obligation to maintain what he has constructed or installed on the servient tenement to the extent that this is necessary in the interest of the servient tenement; he is entitled to remove it provided that he restores the land to its original state.

The holder of the right of use of the servient tenement does not have the right to use the buildings, works or plantations which the holder of the right of use of the dominant tenement has lawfully constructed or installed on the servient tenement.

The agreement of establishment may derogate from the preceding sub-Articles.

In case of co-ownership, the rules pertaining to that type of ownership apply instead of sub-Article 3 and 4.