easements.docx - 1 Easements relating to WATERS a Easement of drainage of waters Lower estates are obliged to receive Waters which naturally and without

easements.docx - 1 Easements relating to WATERS a Easement...

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1. Easements relating to WATERS a. Easement of drainage of waters Lower estates are obliged to receive Waters which naturally and without the intervention of man descent from the higher estate, as well as stones or earth. Lower estate cannot construct works which will impede this easement; higher estate cannot make works which will increase the burden. b. Easement for public use Banks of rivers and streams, even if they are of private ownership are subject to a zone of 3 meters for the easement of public use in the interest of navigation, floating, fishing and salvage. c. Easement for drawing waters Imposed only for reasons of public use in favour of a town or village after payment of proper indemnity. d. Easement of abutment of dam Whenever for diversion or for the taking of water from a river or brook, and the person who is to construct a dam is not the owner of the lands which must support it, he may establish the easement upon payment of proper indemnity to the owner of the land (SE) e. Easement of aqueduct (continuous and apparent) Any person who may wish to use upon his estate, water of which he can dispose of, shall have the right to make it flow through the intervening estates with the obligation of indemnifying them.
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