حق الارتفاق في الفقه الإسلامي

Abstract EN

Easement is a benefit right established on a real estate for another one owned by a person other than the former.

It is like benefit possession but this benefit relation is between two real estates not between two persons.

Among easement: right of neighborhood, elevation, passage, flowing, passing and irrigation.

Upon confirmation of easement, proprietor of this real estate will practice his right legitimately, where he will not exaggerate taking benefit of his neighbor’s real estate and he must avoid damage as possible.

Should it be not possible without damage, he should repair damage or compensate the owner of the real estate.

Easement will be expired upon termination of the fixed time or removal of its place or combination of the two real estates in hand of one proprietor or removal of the purpose of using the right, abstaining the right’s owner from using his right of impossibility of easement through changing the two real estates situation.