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Art. 678
IV. Plants grown on the parcel of land 1 Where a person uses another person’s plants on his or her own land or his or her own plants on another person’s land, the same rights and obligations arise as for the use of building materials or for movable structures. 2 An easement corresponding to a building right may be created in respect of individual plants and plantations for a minimum of ten and a maximum of 100 years.566 3 The servient owner may request the termination of the easement before the end of the agreed duration in the event of the termination of a lease agreement concluded between him or her and the easement beneficiary concerning the use of the land. The court shall determine the financial consequences taking due account of all the circumstances.567 566Amended by No I of the FA of 20 June 2003, in force since 1 Jan. 2004 (AS 2003 4121; BBl 2002 4721). 567Inserted by No I of the FA of 20 June 2003, in force since 1 Jan. 2004 (AS 2003 4121; BBl 2002 4721). |