Civil Code: Easement

(These clauses are selected from The Civil Code of the People’s Republic of China translated and authored by Steve Li and Robert Zhang, international arbitration lawyers registered in Shanghai, China, and published by Kindle Unlimited. No reproduction is allowed unless authorized by the authors.)
 
Chapter XV Easement
Article 372 An easement holder of real property owned by another person may use such real property as agreed to improve the efficiency of its own real property.
For the purpose of the preceding paragraph, the real property owned by another person is the servient tenement, and the real property owned by the easement holder is the dominant tenement.
Article 373 No easement shall be created unless the parties enter into a written easement contract.
In general, an easement contract shall contain the following
(1) the names and domiciles of the parties;
(2) the locations of the servient and dominant tenements;
(3) the purpose and use;
(4) the term of the easement;
(5) the easement fee and terms of payment; and
(6) dispute resolution.
Article 374 An easement shall be created upon the entry into force of the easement contract. Either of the parties may apply for registration of the easement before the competent registration authority. Any easement without registration shall not be pleaded as a defense against any bona fide third party.
Article 375 A servient tenant shall allow the easement holder to use the servient tenement as agreed and shall not interfere with the easement holder's exercise of its easement.
Article 376 An easement holder shall use the servient tenement in the manner and for the purpose specified in the contract and minimize the restrictions on the property rights of the servient tenant.
Article 377 The term of an easement shall be agreed upon by the parties; provided, however, that it shall not exceed the remaining term the tenancy of land for agriculture or construction or any other existing usufruct.
Article 378 In case of creation of a tenancy of land for agricultural or rural residential purpose or any other usufruct in a dominant or servient tenement, the usufructuary shall remain entitled to or encumbered with the existing easement.
Article 379 A land owner shall not create any easement in its land under a tenancy of land for agricultural, constructional, or rural residential purpose or encumbered with any other existing usufruct without the consent of the usufructuary.
Article 380 No easement shall be transferred separately. In case of transfer of a tenancy of land for agriculture or construction, the easement shall be transferred concurrently unless otherwise specified in the contract.
Article 381 No easement shall be mortgaged as collateral separately. Where a tenancy of land for agriculture or construction is mortgaged as collateral, any easement shall be transferred concurrently when the mortgage right is exercised.
Article 382 In case of partial transfer of a dominant tenement and its tenancy of land for agriculture or construction, the transferee shall be entitled to the easement, if any, granted to the transferred part.
Article 383 In case of partial transfer of a servient tenement and its tenancy of land for agriculture or construction, the easement, if any, encumbered by the transferred part, shall be legally binding on the transferee.
Article 384 The servient tenant may terminate the easement contract and the easement shall be extinguished if the easement holder:
(1) abuses the easement in violation of the applicable provisions of the law or the contract; or
(2) fails to pay the easement fee due and payable as agreed within a reasonable period upon the receipt of two reminders after the due date.
Article 385 In case of alteration, transfer, or extinguishment of a registered easement, an application for alteration or deregistration, as the case may be, shall be submitted to the competent registration authority in a timely manner.
Part Four Security Interest