Legal Definitions - jus aquaeductus

The term jus aquaeductus refers to a legal right, originating in Roman and civil law systems, that allows a landowner to transport water across a neighboring property. This right permits the construction and maintenance of pipes, canals, or other conduits on the neighbor's land to move water from its source to the landowner's property. It is a type of servitude, meaning it imposes a specific obligation or burden on one property (the "servient" land) for the benefit of another (the "dominant" land).

Here are some examples to illustrate this concept:

• Agricultural Irrigation: Imagine a farmer, Ms. Chen, whose fields are dry and require irrigation. Her neighbor, Mr. Davies, owns land through which a natural stream flows. Ms. Chen negotiates and obtains a jus aquaeductus, granting her the legal right to dig a small irrigation ditch across a specific portion of Mr. Davies's property to divert water from the stream to her crops. This allows her to cultivate her land effectively, while Mr. Davies's land bears the burden of the ditch.

  This example demonstrates jus aquaeductus because Ms. Chen, as the dominant landowner, gains the right to conduct water from a source on Mr. Davies's land (the servient land) to her own property using a channel (the ditch).

• Residential Development Water Supply: A property developer, "Green Acres Inc.," is building a new housing estate on a large parcel of land. The nearest municipal water main runs along the boundary of an adjacent, privately owned golf course. To connect the new homes to the public water supply, Green Acres Inc. secures a jus aquaeductus from the golf course owners. This agreement allows the developer to lay underground water pipes through a designated strip of the golf course property to reach the municipal main.

  Here, Green Acres Inc. benefits from the jus aquaeductus by gaining the right to install and maintain water pipes (conduits) across the golf course's land (another's property) to access a vital water source for its development.

• Industrial Water Transport: A beverage bottling plant needs a consistent supply of purified spring water from a source located several miles away. The most direct route for a pipeline crosses three different privately owned cattle ranches. The bottling plant company enters into separate jus aquaeductus agreements with each ranch owner, granting it the right to construct, operate, and maintain the water pipeline across their respective properties. These agreements specify the exact path of the pipeline and any compensation to the landowners.

  This scenario illustrates jus aquaeductus as the bottling plant (dominant party) obtains the legal right to transport water through pipes across multiple properties belonging to others (servient lands) to meet its industrial needs.