Legal Definitions - servitude of drip and drain

A servitude of drip and drain is a legal right that allows water, typically rainwater, to fall or flow from one property (known as the dominant estate) onto an adjacent property (known as the servient estate). This means the owner of the servient estate is legally obligated to accept this water runoff from their neighbor's property. It is a specific type of easement, often arising from historical property arrangements or architectural designs where structures are built very close to property lines, making it impractical or impossible to prevent such runoff.

• Example 1: Historic City Buildings

  Imagine two very old commercial buildings in a bustling city center, constructed side-by-side over a century ago. The roof of Building A extends slightly over the property line, and when it rains, water naturally drips from Building A's eaves directly onto a narrow alleyway that belongs to Building B. This arrangement has been in place since the buildings were first erected.

  This illustrates a servitude of drip and drain because Building A has a legal right to allow rainwater to drip onto Building B's alleyway. Building B cannot legally demand that Building A alter its roof or install gutters to prevent this drip, as the right has been established over time.

• Example 2: Terraced Residential Homes

  Consider a row of older terraced houses where the roof design of House #1 is such that its lower edge slightly overhangs the boundary line with House #2. Rainwater from House #1's roof naturally drips onto a small, paved area in House #2's backyard. This design was part of the original construction of the houses and has been the norm for decades.

  In this scenario, House #1 benefits from a servitude of drip and drain over House #2. The owner of House #2 must tolerate the rainwater dripping onto their property because House #1 has a legally recognized right to allow it, often due to the long-standing nature of the construction.

• Example 3: Detached Garage

  A homeowner has a detached garage built very close to their property line. The garage roof slopes towards the neighbor's yard, and rainwater from the garage roof drains directly onto a small section of the neighbor's lawn. This setup has been in place for many years and was either explicitly agreed upon when the properties were first divided or established through continuous, long-term use without objection.

  Here, the garage owner holds a servitude of drip and drain over the neighbor's property. The neighbor cannot compel the garage owner to install gutters or redirect the water, as the right to drain water onto their land is legally recognized, making the neighbor's property the servient estate.