Dirijarea scurgerii apelor provenite din precipitaţii spre o anumită porţiune a fondului inferior. Lipsa incidenţei dispoziţiilor art. 862C. civ. privind limitele exercitării dreptului de proprietate publică

Directing runoff from precipitation to a particular portion of the lower ground. Lack of applicability of the provisions of Article 862 of the Civil Code concerning the limits on the exercise of public property rights

Abstract

Under the law, the owner of the lower ground has to bear the natural flow of water from precipitation from the upper ground (i.e. the ground situated on higher ground), without being able to make any works to obstruct this flow. Thus, if the natural flow of water causes him harm, the owner of the lower ground may apply to the court for authorisation to carry out on his land the works necessary to change the direction of the water. If the hypothesis of a natural flow of rainwater does not apply and the owner of the land below is harmed, all the more is he...