Explanation of Article 710
The article establishes a general rule regarding the right of drainage, which is the prohibition of creating a harmful drainage on another's property or on public or private roads. If a person creates a drainage on their land that results in harm to another's property or to a public or private road, they must remove this harm; otherwise, they are liable for any damage caused by this drainage. The end of the article states that the owner of the property who created the harmful drainage must remove it, even if this drainage is old. The intention of removing the harm, even if it is old, is to remove the harmful drainage itself, not to compensate for the damage caused by this drainage. Compensation for damage extinguishes rights over time according to the rules of harmful acts in the first section of this system.
Related To
Article 710
No harmful water drainage may be made on the property of a third party or on a public or private road; the harm shall be removed even if old.