Surface water runoff

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Email
February 20
Moraira

Hi,
Can anyone advise me about the protocol or regulations regarding rainwater runoff from private villa properties downhill and onto lower properties?

I have a Spanish neighbour who is suggesting it is my responsibility to ensure his terrace and pool are not flooded from runoff which has entered my property from the public highway whilst making its way downhill!!

I have not had any work done to my property that has made the situation any worse over the past 30 years but new developments further up the hill have added tonnes of extra runoff as a result of new roads and new terraced areas on the million+ properties.

Andrew Cliffe

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2 COMMENTS

  1. In general your neighbour is right, I’d read art 588 of código civil to see if you can claim one of the two exceptions. Sounds to me like only the second servidumbre forzosa is your only real hope. That means if it’s impossible for the water to be redirected he’ll have to put up with it. If not you’ll have to redirect it. All the best

  2. Hi again,

    Just a quick note:

    If your property is rural and not urban the situation is exactly the opposite. The neighbour has to receive the water onto their property. So long as the course of the water is natural i.e. you didn’t guide it in any way to the neighbour’s property. Art . 552 same law Código Civil. Hope that helps.

    Art.552 CC. Los predios inferiores están sujetos a recibir las aguas que naturalmente y sin obra del hombre descienden de los predios superiores, así como la tierra o piedra que arrastran en su curso. Ni el dueño del predio inferior puede hacer obras que impidan esta servidumbre, ni el del superior obras que la graven.

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