Superficies (Propriété superficiaire)

Superficies is ownership of the constructions, works or plantations situated on an immovable belonging to another person, the owner of the subsoil. Superficies results from division of the object of the right of ownership of an immovable, transfer of the right of accession or renunciation of the benefit of accession. The right of the superficiary to use the subsoil is governed by an agreement. Failing agreement, the subsoil is charged with the servitudes necessary for the exercise of the right. These servitudes are extinguished upon termination of the right. The superficiary and the owner of the subsoil each bear the charges encumbering what constitutes the object of their respective rights of ownership. Superficies may be perpetual, but a term may be fixed by the agreement establishing its conditions.