(1) The space on or under the ground may be demarcated into upper or lower parts and may be the subject matter of the superficies for owning a building or other structures. In this case, the use of land may be restricted so as to exercise such superficies by means of an act of creation.
(2) Even when a third person has a right to use and take profits from the land, if he or she and all persons who have rights to it, consent to do so, a sectional superficies as prescribed in paragraph (1) may be established. In this case, the third person who has the right to use and take profits from the land, shall not interfere with the exercise of the superficies.[This Article Added on Apr. 10, 1984]