Specific limitations on ownership

Specific limitations on ownership are imposed by law. Sometimes, specific limitations are also imposed by contracts. Examples of specific limitations are sic utere tuo ut alienum non laedas, nuisance, state of necessity, easements voluntarily imposed by the owner, servitudes and mortgages imposed by contract.

[1] Legal servitudes are created by law. Once requisites are satisfied, the dominant owner may ask the Court to declare the existence of an easement.

[1a] Art. 644 & 678: Aqueduct.
[1b] Art. 679: Planting of trees.
[1c] Art. 670: Light and View.
[1d] Art. 649 & 652: Right of Way.
[1e] Art. 637: Passage of water from upper to lower tenements.
[1f] Art. 676: Drainage of buildings.
[1g] Art. 684-687: Lateral and subjacent support.[2] The exercise of ownership must not injure the rights of a third person. In Latin, sic utere tuo ut alienum non laedas. The owner of a thing cannot make use thereof in such manner as to injure the rights of a third person (Article 431 of the Civil Code).

[3] Acts in a state of necessity are limitations on the exercise of rights of ownership. The owner of a thing has no right to prohibit the interference of another with the same, if the interference is necessary to avert an imminent danger and the threatened damage, compared to the damage arising to the owner from the interference, is much greater. The owner may demand from the person benefited, indemnity for the damage to him (Article 432 of the Civil Code).

[4] The law on nuisance is another limitation on ownership rights. A nuisance is any act, omission, establishment, business, condition of property, or anything else which: (a) injures or endangers the health or safety of others; or (b) annoys or offends the senses; or (c) shocks, defies or disregards decency or morality; or (d) obstructs or interferes with the free passage of any public highway or street, or any body of water; or (e) hinders or impairs the use of property (Article 694 of the Civil Code).