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Civil Law

Explanation of Article 707

Explanation of Article 707

The article addressed the right of passage and defined it in the first paragraph as the right of the owner of land distant from a water source to have water flow through land owned by another to reach his land. The right of passage is established for land distant from a water source over all lands located between the water source and that land, whether the passage is natural, like a stream or canal, or artificial by any modern mechanical means.

The second paragraph clarified that if the right of passage is established, the owners of the lands through which these waters flow cannot prevent this right, even if it requires the construction of installations on the land through which the passage occurs, such as water pumping and lifting devices, and the like, provided two conditions are met:

  • The first condition: The holder of the right of passage must pay an immediate compensation for his benefit, and the landowner may benefit from the installations created by the holder of the right of passage, provided he bears a proportionate share of the costs of establishing and benefiting from them, as stipulated in paragraph (3) of Article (712); if the holder of the right does not pay the immediate compensation, the landowner may prevent him from the right of passage.

  • The second condition: The passage must not result in a significant disruption to the landowner's use of his land. If the passage causes a disruption to the landowner's use of his land but it is not significant, the landowner does not have the right to prevent the holder of the right of passage from the easement, without prejudice to the landowner's right to compensation for any damage caused by the passage as will be detailed in the following Article (708).

Related To

Article 707

  1. The right to use a watercourse is the right of a landowner to have irrigation water coming from a distant source, whether natural or artificial, reach his own land by flowing through the land of another person.

  2. If the right to use a watercourse is established to a person, the owners of the lands through which such water flows may not prevent the holder of the right from exercising his right, even if it requires the establishment of facilities thereon, provided that the holder of the right pays advance compensation and that he, in exercising such right, does not substantially prejudice the landowner’s right of enjoyment.