Legal Definitions - jus aquaehaustus

Jus aquaehaustus refers to a legal right, often established as a servitude, that permits an individual or a property owner (known as the dominant tenement) to draw water from another person's land (the servient tenement). This right ensures access to a specific water source, such as a well, spring, or stream, located on a neighboring property.

• Example 1: A small, historic cottage is situated on a property that lacks its own natural water source. For generations, the cottage owners have relied on a well located on the adjacent, larger estate for their drinking water and household needs. This arrangement was formally recognized in the property deeds when the cottage was first separated from the estate.

  Explanation 1: The owner of the cottage possesses a jus aquaehaustus, which is the legal right to access and draw water from the well situated on the neighboring estate. This right is essential for the habitability of the cottage and is a legally binding entitlement.

• Example 2: A newly established vineyard requires a consistent and substantial water supply for irrigation, but its own land does not have sufficient groundwater. The vineyard owner negotiates a formal agreement with a neighboring landowner, who has a large, productive aquifer, to install a pump and pipeline to draw water from a designated point on the neighbor's property.

  Explanation 2: The agreement grants the vineyard owner a jus aquaehaustus, providing them with the legal authority to extract water from the specified location on the adjacent property for their irrigation needs. This right is crucial for the vineyard's agricultural operations.

• Example 3: In a rural area, a small community of homes is built along a river. While most homes have their own wells, one particular property, due to geological conditions, cannot access groundwater. Historically, the owner of this property has been granted the right to collect water directly from a specific point in the river as it flows through a downstream neighbor's land.

  Explanation 3: The owner of the water-scarce property holds a jus aquaehaustus, allowing them to legally access the downstream neighbor's land and draw water from the river at the designated point. This right ensures the property has a viable water source despite its unique circumstances.