section 2337
Presumption of communion
The Portuguese Civil Code, 1867Presumption of communion The compound walls between open plots of land or between the compounds or yards of buildings are presumed to be in common ownership unless there is proof or indication to the contrary. § 1 - The following signs shall exclude the presumption of communion. (1) If the edge of the roof is slanting towards only one side. (2) If the wall in its full length supports any building or construction which is only on one side or on the property of only one adjoining owner. (3) If there are projections or designs of stone on only one side along the full length of the wall. (4) If the adjoining property does not have compound wall of the same type along the other side. § 2 - In the case of no.1 it shall be presumed that the wall belongs to the one on whose side the slope lies, in the other cases the wall shall be presumed to belong to the one on whose side the construction or indications mentioned are to be found.
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