Legal Definitions - natural servitude

A natural servitude refers to a legal right or burden on a piece of land that arises automatically from its inherent physical characteristics, rather than from a contract or agreement between landowners. These servitudes typically involve the natural flow of water across properties due to topography, establishing rights for an uphill property to drain naturally onto a downhill property, and an obligation for the downhill property to accept this natural flow.

• Example 1: Residential Stormwater Drainage

  Imagine two adjacent residential properties, where Property A is situated at a slightly higher elevation than Property B. During a heavy rainstorm, rainwater naturally flows from Property A across Property B and into a public storm drain. This scenario exemplifies a natural servitude because Property B, the lower property, is generally obligated to accept the natural flow of water from Property A, the higher property. Property A has a right to this natural drainage, and this arrangement is not based on any agreement between the homeowners but on the natural slope of the land.

• Example 2: Natural Creek Flow

  Consider a small, naturally occurring creek that meanders through three different privately owned parcels of land before eventually joining a larger river. Each landowner along the creek is subject to a natural servitude. For example, the owner of the upstream property cannot build a dam that completely diverts or stops the natural flow of water, thereby depriving the downstream owners of their natural access to the creek's water. Conversely, a downstream owner cannot construct an obstruction that causes the creek to back up and flood an upstream property. The rights and obligations related to the creek's natural flow are inherent to the land's characteristics, not created by a formal contract.

• Example 3: Natural Spring and Seepage

  On a large rural estate, a natural spring emerges from the ground, creating a small boggy area that naturally seeps water into an adjacent, lower-lying farm field. The owner of the farm field is generally bound by a natural servitude to accept this natural seepage and drainage from the spring. The estate owner has the right to allow this natural outflow, and the farmer cannot legally block the natural flow of water originating from the spring, as it is a natural hydrological feature of the landscape.