Many people believe that if their land is at a higher elevation, they can discharge water onto lower land. However, in reality, the law does not grant unrestricted rights. Section 1339 stipulates that lower landowners must receive water that flows naturally from higher land and have no right to build dikes or obstructions that prevent water drainage.
Supreme Court Judgment No. 4191/2530 (1987) laid down the principle that if a lower landowner blocks a natural waterway, causing water to flood the higher landowner’s property, it is considered a violation of Section 1339 and constitutes a tort. The injured party has the right to claim damages and request the removal of obstructions. For example, Mr. A owns higher land, while Mr. B owns lower land. Rainwater flows naturally down the slope of the area. In this case, Mr. B must accept said water and cannot build an embankment to block it, which would cause water to flow back and flood Mr. A’s land.
However, a higher landowner has no right to collect or accelerate water drainage—such as installing pipes, digging ditches, or pumping water—causing it to flow onto another person’s land and result in damage. Doing so may constitute a tort under Section 420 of the Civil and Commercial Code. For instance, Mr. C raises his land level and installs a drainage pipe so rainwater flows into Mr. D’s garden, damaging trees. In this case, it is not natural water flow, but intentional drainage; therefore, Mr. C may be liable to pay compensation.
Summary
- Lower land must accept water that flows naturally.
- Lower land is prohibited from blocking natural waterways to the detriment of others.
- Higher land is prohibited from collecting or intentionally draining water onto another person’s land to cause damage.
