Acórdão nº 0016958 de Court of Appeal of Porto (Portugal), 15 de Novembro de 1983
| Data | 15 Novembro 1983 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A SENTENÇA.
Indicações Eventuais: P LIMA IN LIC DIR REAIS 1945 PAG172 PAG225. P LIMA-A VARELA IN COD CIV ANOT 1972 V3 PAG294.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1344 ART1390 ART1394. D 5787-IV DE 1919/05/10.
Sumário: I - O aproveitamento de uma nascente, que brota no interior de um prédio rústico, através de obras de captação visíveis e permanentes, com mais de 30 anos, mas que não exorbitam dos limites desse prédio, não produz a usucapião da água subterrânea situada em prédio alheio que alimenta a nascente. II - O proprietário do último prédio será, portanto, livre de procurá-la, escavá-la e aproveitá-la, contanto que não prejudique...
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