Should we have runoff from the adjacent land?
Verified 01 January 2020 - Directorate for Legal and Administrative Information (Prime Minister)
Yes, you must receive runoff from land above your own.
This obligation applies only to rainwater that flows naturally along the slope of the land, i.e. without your neighbor having contributed to it.
So you don't have to put up with the spill of sewage or water from your neighbor's rooftops.
In case of dispute
If you can't speak to yourself, it is advisable to send the owner of the neighboring land a registered letter with acknowledgement of receipt:
- recounting the facts,
- and accompanied by arguments and evidence to support your statement (legal references, photos, etc.).
If you do not win the case with the mail, it is mandatory to try another step using:
- a justice conciliator (procedure is free)
- or mediation (paid)
- or participatory procedure (fee-for-service with legal counsel)
FYI
taking this step is an essential step in order to be able to appeal to the judge.
In the event of failure, you can then go to the court on which the land concerned depends.
- Civil Code: Articles 640 to 648Rainwater: Rule 640
- Civil Code: Rule 681Water from roofs