DRAINAGE OF BUILDINGS

Category: Property, Ownership and Its Modifications

DRAINAGE OF BUILDINGS

Art. 674. The owner of a building shall be obliged to construct its roof or covering in such manner that the rain water shall fall on his own land or on a street or public place, and not on the land of his neighbor, even though the adjacent land may belong to two or more persons, one of whom is the owner of the roof. Even if it should fall on his own land, the owner shall be obliged to collect the water in such a way as not to cause damage to the adjacent land or tenement. (586a)

RESTRICTIONS WITH RESPECT TO THE EASEMENT OF DRAINAGE OF BUILDINGS

• A person who should let rain water fall on his own land and not on the adjacent land, even if he be a co-owner of the latter

• Rain water must be collected

Art. 675. The owner of a tenement or a piece of land, subject to the easement of receiving water falling from roofs, may build in such manner as to receive the water upon his own roof or give it another outlet in accordance with local ordinances or customs, and in such a way as not to cause any nuisance or damage whatever to the dominant estate. (587)

RULE WHEN A TENEMENT OR LAND IS SUBJECT TO THE EASEMENT OF RECEIVING WATER FALLING FROM THE ROOFS

Art. 676. Whenever the yard or court of a house is surrounded by other houses, and it is not possible to give an outlet through the house itself to the rain water collected thereon, the establishment of an easement of drainage can be demanded, giving an outlet to the water at the point of the contiguous lands or tenements where its egress may be easiest, and establishing a conduit for the drainage in such manner as to cause the least damage to the servient estate, after payment of the property indemnity. (583)

OUTLET OF RAIN WATER THROUGH SURROUNDING HOUSES:

CONDITIONS
1. Because of enclosure, there is no adequate outlet for rain water
2. The outlet must be at the point of easiest egress
3. Least possible damage
4. Payment of proper indemnity