section 381
List of common things
The Portuguese Civil Code, 1867Common things are those things, natural or artificial, not individually appropriated of which benefit can be taken only on observing administrative regulations by individuals within certain administrative areas or who are part of a specific public corporation. This category includes: 1. Fallow lands of municipalities or parishes; 2. Watercourses which are not navigable, nor floatable, which crossing the municipal or parish or private properties flow into the sea, in any navigable or floatable current, the lakes or ponds, situated in municipal or parish land and the reservoirs, springs or wells constructed at the cost of the local or parish administration. § 1 - A navigable current which for five consecutive years cannot be used for navigation, shall pass on to the category of floatable current. § 2 - A floatable current, which during five consecutive years does not serve for the purpose of floating shall be included in the category of currents of common use. § 3 - The bank or basin of any waterfall or current of common use, which crosses a private property or is gathered or originates in the same, shall form integral part of the said property. § 4 - The ownership of the bed or basin of any waterfall or current of common use, which passes between two or more properties, shall appertain to the said properties with the limitation and easements laid down in this Code. § 5 - To each property belongs, by law, the tract of the bed or river bed, comprised between the marginal line and middle line of the same bed or river bed, ending above and below, in relation to the course of the current, by two lines, drawn vertically from the extremity of the marginal line of the property over the middle line. § 6 - The tracts of the beds or basins of the waterfalls or currents in common use relating to the properties on the banks thereof shall be subject to all easements which general administrative regulations have imposed on them for the preservation, clearance and cleaning of the said beds or basins. § 7 - All the provisions of the preceding paragraphs which are compatible with the still nature of their waters shall apply to natural lakes of sweet water surrounded by private properties and fallow, public, municipal or parish properties.
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