EASEMENT RELATING TO WATERS

lower estates are obliged to receive the waters

which naturally & without intervention of man
flow from the higher estate
owner of lower estate cannot construct works
that will impede this natural flow
and the higher estate cannot make works that
will increase the natural flow

EASEMENT ON RIPARIAN PROPERTY

the banks of rivers and streams & shores of the
seas and lakes throughout their entire length
and within a zone of:
3 meters - urban areas
20 meters- agricultural lands
40 meters - forest lands
are subject to easement of public use in the
interest of recreation, navigation, floatage, fishing
and salvage
[no person is allowed to stay here longer than
necessary]

EASEMENT FOR DRAWING WATER &

WATERING ANIMALS
1. public use
2. in favor of town or villge
3. sought by town or village not by one indiv
4. indemnity paid
5. right of way should have a maximum width of
10 meters

EASEMENT ON AQUEDUCT
1. dominant owner must prove that he has the
capacity to dispose of the water
2. prove that the water sufficient for the intended
use
3. most convenient
4 .least onerous to the third person
5. indemnity must be paid
[cannot be imposed on: buildings, courtyards,
anneces, or outhouses or on orchards or gardens
already existing]
[servient owner may biold over the aqueduct as
long as no damage is caused]
[it is apparent and continuous] = subject to
acquisitive prescription

EASEMENT OF ABUTMENT OF DAM

1.purpose: to divert or take water from a
river or brook or use any other continuous
or discontinuous stream
2. necessary to build a dam
3. payment for indemnity
4. person to construct it is NOT the owner of
the banks/lot which must support it
[permission of the owner should be secured;
or if not, proper administrative agency]
[if constructed without authority = priv. nuisance]

EASEMENT OF CONSTRUCTION OF A STOP LOCK

OR SLUICE GATE
purpose: to take water for irrigation or improve
an estate
1. purpose: irrigation or improvement
2. construction must be on the estate of another
3. damages paid
4. third person must not be prejudiced