Title IV: Land easements or services

The lower lands are subject to those that are higher to receive the water that flows naturally from them without the hand of man having contributed to it. The lower owner may not raise a dyke that prevents this flow. The higher owner may do nothing that aggravates the easement of the lower land.

Any owner has the right to use and dispose of rainwater that falls on his land. If the use of this water or the direction given to it aggravates the natural flow easement established by article 640, compensation is due to the owner of the lower land. The same provision applies to water from springs originating on a piece of land. When, through boreholes or underground works, an owner causes…

He who has a spring in his land may always use the waters at his will within the limits and for the needs of his inheritance. The owner of a spring may no longer use it to the prejudice of the owners of the lower lands who, for more than thirty years, have made and completed, on the land where the spring springs, visible and permanent works intended to use…

If, on leaving the land where they arise, spring waters form a watercourse with the character of public and flowing waters, the owner may not divert them from their natural course to the prejudice of inferior users. .

Any person whose property borders a running water, other than one declared to be a public domain dependency by article 538 under the heading “De la distinction des biens”, may use it as it passes for the irrigation of his properties. A person whose inheritance this water crosses may even use it in the interval that it passes through, but on the condition that it is returned, on leaving his…

If a dispute arises between the owners to whom these waters may be useful, the courts, in adjudicating, must reconcile the interests of agriculture with the respect due to property; and, in all cases, the particular and local regulations on the course and use of the waters must be observed.

Any owner may oblige his neighbour to demarcate their adjoining properties. The demarcation is carried out at joint expense.