Legal Definitions - drip rights

Drip rights refer to a specific type of legal arrangement, known as a servitude, that grants a property owner the right to allow rainwater naturally falling from their roof to land on an adjacent neighbor's property. This means the neighbor is legally obligated to accept this water runoff, even if it originates from the first owner's structure. It's a right that typically arises from long-standing practice, historical building designs, or specific agreements, rather than being a default right.

Here are some examples illustrating drip rights:

• Historic Urban Row Houses: Imagine two very old row houses in a densely populated city, built side-by-side with virtually no space between them. House A's roof eaves extend slightly over a narrow, paved walkway that belongs to House B. For over a century, rainwater from House A's roof has consistently dripped onto this walkway on House B's property during storms.

  This scenario illustrates drip rights because House A has a legal right (a servitude) to allow its roof water to fall onto House B's property. House B, the adjacent owner, cannot legally demand that House A alter its roof, install gutters, or otherwise prevent this natural runoff, as the right has been established through historical use.

• Rural Barn on a Property Line: A farmer owns a large barn that was constructed 80 years ago very close to the property line shared with a neighboring ranch. The barn's original design did not include gutters, and rainwater from its roof has always flowed directly onto a specific, undeveloped corner of the rancher's field.

  In this case, the farmer possesses drip rights over the rancher's property. The rancher cannot compel the farmer to install gutters or redirect the water, as the long-established practice has created a legal right for the barn's roof water to continue dripping onto that specific part of the rancher's land.

• Commercial Building in a Dense Downtown: A small, independent art gallery occupies a building in a bustling downtown area. Its flat roof, during heavy rainfall, historically allowed excess water to spill over its edge onto a small, unused concrete strip belonging to the adjacent coffee shop. This has been the accepted situation for over 40 years, predating both current businesses.

  Here, the art gallery holds drip rights over the coffee shop's property. The coffee shop is legally obligated to tolerate the rainwater runoff from the gallery's roof onto its strip of land because this long-standing practice has established a servitude, meaning the gallery has a legal right to this specific drainage pattern.