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- Title
Neighbor Relations in the new Belgian property law.
- Authors
Degroote, Marie-Laure
- Abstract
Contrary to other legal systems which, in the context of the environment, allow an easement to be established for the benefit of the public interest, the Belgian legislator did not go that far. Statutory easements b - Statutory easements or easements created by the law are subdivided into three subcategories: A first category concerns the easements related to water (Artt. In doing so, the legislator is resolving the debate in legal scholarship whether the mere risk of nuisance is already sufficient for a neighbor nuisance claim (' I actio in futurum' i ). Preventive claim b - In line with the precautionary principle in tort law, the legislator introduces a preventive claim for potential nuisance or nuisance with a genuine risk of emergence (Art.
- Subjects
PROPERTY rights; LAW reform; LEGAL education
- Publication
European Property Law Journal, 2021, Vol 10, Issue 1, p66
- ISSN
2190-8273
- Publication type
Article
- DOI
10.1515/eplj-2021-0006