Table of Contents

SECTION II - OF THE DISTANCE AND OF THE INTERMEDIARY WORKS REQUIRED FOR CERTAIN BUILDINGS

Art. 38. He who wishes to dig a well or a necessary near a wall whether held in common or not,
He who wishes to build against it a chimney, or hearth, a forge, an oven or a furnace, or a stable,
Or rest against this wall a quantity of salt or other corrosive substances,
Is bound to leave the distance, and to cause to be made the works prescribed by the regulations of the police, in order that his neighbor be not injured thereby.
And if there be no regulations of police upon all or some of these objects, he shall conform to the following rules in cases which have not been foreseen.

Art. 39. He who wishes to build a chimney or hearth against a wall held in common, is bound to make a double wall of tiles or other proper materials six inches thick.

Art. 40. He who wishes to build an oven, a forge, or a furnace against the wall held in common, is bound to leave half a foot interval and vacancy betwixt said wall and that of his oven, forge or furnace, and this last wall must be one foot thick.

Art. 41. He who wishes to dig a necessary or a well against a wall whether held in common or not is bound to build another wall one foot thick; and when there is a well on one side and a necessary on the other, there shall be four feet masonry, betwixt the two, including the thickness on both sides; but betwixt two wells three feet interval are sufficient.

 

SECTION III - OF LIGHTS ON THE PROPERTY OF A NEIGHBOUR

Art. 42. One of the neighbours cannot, without the consent of the other, open through the wall held in common, any window or aperture, in any manner whatever, not even with the obligation on his part of confining himself to lights, the frames of which shall be fixed within the wall that they cannot be opened.

Art. 43. The proprietor of a wall, not held in common, adjoining immediately the estate of another, may make apertures or windows, through said walls; provided, said apertures, or windows, be supplied with iron bars, or wooden railing, fixed within the walls; and the frame of said apertures, or windows, be so fixed within the wall that they cannot be opened.

Art. 44. Said apertures, or windows, can be made only at the elevation of eight feet above the floor of the room which it is intended to lighten, if it be on a ground floor, and at the height of six feet above the floor, if it be on a second or third story.

 

SECTION IV - OF THE MANNER OF CARRYING OFF RAIN FROM THE ROOF

Art. 45. Every proprietor is bound to fix his roof so that rain water fall upon his own ground, or on the public road. He has no right to cause the same to fall on his neighbour's ground.

 

SECTION V - OF THE RIGHT OF PASSAGE

Art. 46. The proprietor whose estate is enclosed, and who has no way to the public road, may claim a right of passage on the estate of neighbours for the cultivation of his estate, but he is bound to indemnify them in proportion to the damage he may occasion.

Art. 47. The passage shall be regularly taken on the side where the distance is the shortest from the enclosed estate to the public road.
Nevertheless it shall be fixed in the place the least injurious to the person on whose estate said passage is granted.

Art. 48. The action of indemnification granted against the person who claims the passage, may be barred by prescription, and the passage shall be continued, although the action in indemnification be no longer maintainable.




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