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

Verified 08 November 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, as the owner of a piece of land below that is obliged to receive the water that flows naturally from your neighbor's land. This obligation disappears if disposal natural is aggravated by your neighbor's intervention (for example, he must not have done drainage work that worsens the flow of water on your land).

Warning  

The obligation to receive the water that flows on your land (also called runoff water) applies only waters such as rainwater, spring water and snowmelt. So you cannot receive the waste water from your neighbor on your land.

If your neighbor dumps sewage on your property, it is recommended that you tell them about it.

If he doesn't act, you have to send him a single mail reminding her of the embarrassment. It is recommended to gather as much evidence as possible in support of your mail (for example, photo, testimony...).

If your neighbor does not act, you must send a registered mail with acknowledgement of receipt asking for an end to the embarrassment caused.

If despite your various letters, the nuisances persist, you have the possibility to use one conciliator of justice (free of charge) or mediator (paid approach) or to a participatory procedure (paid approach with recourse to a lawyer) for find an amicable solution with your neighbor.

This is mandatory in order to be able subsequently to make a appeal to the court,  from the location of your land.

In court, you can request payment of  damages .

Who can help me?

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  • Telephone administrative information - Allo Public Service

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