Acórdão nº 9950542 de Court of Appeal of Porto (Portugal), 28 de Junho de 1999
Magistrado Responsável | COUTO PEREIRA |
Data da Resolução | 28 de Junho de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR REAIS / DIR RESP CIV.
Legislação Nacional: CCIV66 ART483 ART562 ART564 ART1287 ART1293 A ART1297 ART1300 N1 ART1390 N1 N2 ART1398 N1 ART1400 N1 ART1405 N1. CPC67 ART661 N2.
Sumário: I - Considera-se justo título de aquisição da água das fontes e nascentes qualquer meio legítimo de adquirir a propriedade de coisas imóveis ou de constituir servidões. II - A usucapião só é atendida quando for acompanhada da construção de obras, visíveis e permanentes, que revelem a captação e a posse da água nesse prédio. III - Obras visíveis são obras perceptíveis e, portanto, susceptíveis de revelar a captação e a posse de águas por terceiros. IV - Obras permanentes são as que revestem a característica de estabilidade e não de provisoriedade ou precariedade. V - Sem obras permanentes não pode haver uma posse contínua, ininterrupta, e sem sinais de aparência a posse não preenche o requisito da publicidade indispensável à usucapião. VI - Sendo a água utilizada de acordo com um regime estável e normal de distribuição há mais de vinte anos, os respectivos utentes são verdadeiros condóminos dessa água. VII - As obras realizadas para um melhor aproveitamento do caudal da água não podem introduzir alterações no sistema da sua...
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