Libro Segundo · Título II Capítulo II. De las limitaciones de la propiedad

Ownership of the land extends to the subsoil and to the space above, to the extent useful to the owner, except as provided by special laws.

In a parcel, excavations or constructions that weaken the soil of the neighboring property may not be made without the indispensable consolidation works being carried out to avoid all subsequent damage.

Every owner has the right to compel neighboring owners or possessors to the demarcation and boundary marking; and, according to the custom of the place and the class of property, to build and to maintain pro rata the works that separate them.

Every owner must enclose his estate, in the manner he deems convenient or as municipal laws and regulations provide, except for servitude rights.

No one may build or plant near strongholds, fortresses and public buildings, except subject to the conditions required in the respective regulations.

The servitudes established for public utility or communal utility with respect to constructions or plantings, to keep the navigation of rivers clear or for the construction or separation of public ways or for other communal works of this kind, are determined and resolved by special laws and regulations; and in the absence thereof, by the rules established in this Code.

No one may build, at less than two meters of distance from another's or party wall, cisterns, wells, sewers, latrines, aqueducts, ovens, forges, chimneys, stables or deposits of water or of corrosive materials, without constructing the necessary protective works, and subject to whatever conditions are provided in the police and sanitation regulations.

Within a populated area it is prohibited to store flammable or explosive materials, except as established by special regulations; and to install machines and factories for industrial work that is dangerous, harmful or annoying.

No accumulation of garbage, earth, manure or other materials that may harm the health of persons and the soundness and safety of buildings may be placed against a party wall dividing two properties belonging to different owners.

Both in these cases and in those set forth in the preceding article, in the absence of general or local regulations, recourse shall be had to an expert appraisal.

Trees shall not be planted near another's property except at a distance of not less than three meters from the dividing line, if the planting is of large trees, and of one meter if the planting is of shrubs or small trees.

Any owner may request that trees existing at a greater distance than that indicated in the preceding article be uprooted, if due to the extent of their roots they threaten the safety of his constructions.

If the branches of trees extend over any neighboring estate, gardens or patios, the owner thereof shall have the right to demand that they be cut to the extent they extend over his properties.

The fruits of the branches extending over the neighbor's parcel belong to the latter.

If a building or wall threatens danger, the owner may be compelled to demolish it or to execute the works necessary to avoid it. If the owner fails to comply, the authority may have it demolished at the owner's expense.

The same shall be observed when any tree threatens to fall.