Should we receive the water that flows from the land of our neighbor?

Verified 29 May 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

Yes, if your land is located below, you are obliged to receive the water that flows from the land above yours. We are talking about natural servitude of water flow. The obligation applies only when the disposal is natural, i.e. without human intervention. So you can't settle a structure that prevents the natural flow of water.

However, this obligation disappears if your neighbor aggravates this flow, for example, by settling drainage directing the waters towards your land.

Warning  

The obligation to receive the water flowing on your land applies only to water-type waters rain, waters of source and water from the snowmelt. It does not concern wastewater.

If your neighbor spills sewage on your property, it is recommended to report the situation to them.

If your neighbor does not act, you must send him a plain mail reminding him of the inconvenience caused. It is recommended to gather as much evidence as possible to support your mail (for example, photo, testimony).

In case of inaction of your neighbor following the sending of the simple mail, you must send him a registered mail with acknowledgement of receipt asking to stop the disorder.

If the disorder persists despite your efforts, you can use one conciliator of justice (free approach) or at a mediator (paid approach) or at a participatory procedure (paid process with the use of a lawyer) to try to find an amicable solution with your neighbor.

If the amicable solution does not succeed, you can appeal with the court of justice the location of your land.

In court, you can ask 

  • Cessation of the disorder
  • Rehabilitation of the land
  • And the payment of  damages and interest to repair your damage.

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