7: Priorities in the right of preemption

(1) Where all the classes of pre-emptors referred to in section-6 are . the claimants, the first class shall exclude the second and the second shall. exclude the third. (2) Where there are more than one participators in the special rights attached to the immovable property sold, the person having special right shall have precedence over a person having a general right. ILLUSTRATION. A garden is irrigated by a water course which opens from a small canal. If this garden is sold, the person having right of irrigation from watercourse shall have precedence over a person having right of irrigation from the canal. But if such garden is irrigated from the small canal, the person having right of irrigation from water course as well as the person having right of irrigation from the canal shall both have right of pre-emption. (3) Where there are more than one pre-emptors and one has right of passage and the other has right of passage of water attached to the immovable property sold, the person having right of passage shall have precedence over the person having right of passage of water. (4) A participator in the special rights having his property on the basis of which he claims to be the pre-emptor nearer to the immovable property sold shall have precedence over the pre-emptor having such property not so near to the immovable property sold.

Effective date: 1987-04-28

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