Explanation of Article 709
The article refers to the right of drainage, which is the right established in favor of the property owner to naturally drain liquid water onto another's land. The article establishes two types of easements associated with the right of drainage:
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The first right is established on the lower land for the benefit of the higher land; the owner of the lower land cannot erect a dam that prevents the natural flow of water from the higher land, causing harm to the higher land. This means that the owner of the higher land has the right to naturally drain liquid water from their land, and if the lower neighbor's land is designated for this drainage, the owner cannot erect a dam or structure that prevents this drainage.
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The second right is established on the higher land for the benefit of the lower land; the owner of the higher land cannot take actions that increase the burden on the lower land, such as retaining water for some time and then releasing it in large quantities onto the lower land, causing harm, or directing the drainage in a way that harms the lower land.
The right of drainage, as stipulated by this article, pertains to the natural drainage of liquid water by the landowner, which in this context corresponds to the right of drinking. However, the drainage of wastewater—water that is no longer usable after irrigating the land to the public drain—through a neighbor's land is usually done through covered underground channels and does not fall under the provisions of this article. The right of drainage in this context corresponds to the right of passage, and specific regulations apply to it.
Related To
Article 709
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An owner of a lower land may not build a barrier to prevent the flow of water that flows naturally from a high land.
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An owner of a high land may not carry out any act which would aggravate the disadvantageous situation of a lower land.