Kuwait Court of Cassation principle number 4400

An easement is a burden on an immovable property for the benefit of another immovable property owned by someone other than the owner of the first property, and it limits the utility of the dominant property for the benefit of the servient property. Article 958 of the Civil Code. - Easement of passage. A right entitling its holder to pass through the servient property. - An easement as a right in rem and a personal right. The criterion for distinguishing between them. - Easement. It must be registered; otherwise, it does not create the right between its parties or in relation to third parties. Example. Ownership in the Majalla of Judicial Rules: