Legal tip 336. Easements in Spain 2: water descending
Friday, September 3, 2010 @ 11:44 AM
Natural easement for water descending. What does this mean?
It means that if your rural house and plot are in a lower level to the adjacent one and a natural course of water comes down from the neighbour rural property , he, the owner--- or better said, the waters--- have rights for this to be allowed by you. You also need to allow the pass of all the earth and stones coming down with the waters.
You cannot do any work for the minimisation of this course ( unless there is a danger involved) and the favoured owner cannot do anytghing to maximize it.
So, natural waters.... have a natural right... to pass by what nature decides is its course. We owners need to respect it.
More on easements tomorrow
Maria
Villa Capistrano, Nerja, Málaga by Roberto Pecino at Flickr.com