Explanation of Article 708
The article imposes an obligation on the holder of the right of passage not to cause harm to the land through which the passage runs, whether this harm is from the passage itself or from the structures built on the neighbor's land to channel water to the land of the right holder. If the use of the right of passage results in harm to the landowner, the landowner may first request the right holder to repair the passage and fix the damage. If the right holder refuses to do so, the landowner may carry out the repair or restoration at the expense of the right holder, to the extent commonly accepted.
The landowner's right to request the repair of the passage and the fixing of the damage does not preclude his right—according to general rules—to seek compensation for any damage he may have suffered due to the right holder's failure to fulfill his obligation to repair and fix, such as if there is a delay in executing this obligation after being requested to do so, or if he refuses to execute it, leading the landowner to execute it himself or not execute it at all, resulting in harm to the landowner. In such cases, the right holder is liable for this damage.
Related To
Article 708
A landowner whose land sustains damage due to the watercourse may demand the holder of the right to use the watercourse to repair the watercourse in order to rectify the damage. If the holder of the right fails to do so, the landowner may carry out such repairs at the expense of the holder of the right to the extent that is customarily acceptable.