Lei nº 10.406/2002 (Cód. Civil): Livro III, Título III, Cap. V, Seção V da Parte Especial-Das Águas

Summary

This educational video provides an in-depth analysis of the Civil Code, specifically focusing on the regulations surrounding water rights and neighboring property laws. The presenter explains various articles related to water flow, ownership, and rights, such as the obligation to receive natural water flow and the rights of property owners to manage water. The video highlights key points like artificial water diversion, pollution, and the construction of channels or reservoirs. It also discusses common mistakes in legal interpretation with practical examples of quiz questions to reinforce understanding of these laws.

Takeaways

• 😀 The owner or possessor of the lower property must accept the natural flow of water from the higher property without interfering with it, as outlined in Article 1288.
• 😀 The lower property owner cannot conduct any work that impedes the natural flow of water from the upper property, but must allow the water to flow freely.
• 😀 If artificial water is diverted to the upper property and then flows to the lower property, the lower property owner has the right to demand compensation for damages or request diversion, as per Article 1289.
• 😀 The owner of a spring or land receiving rainwater cannot block or divert the natural flow of water to lower properties unless it's for necessary consumption, as per Article 1290.
• 😀 If water is polluted, the property owner of the upper land must clean it or compensate for the damages caused, as discussed in Article 1290.
• 😀 Property owners have the right to build dams or reservoirs on their land, but if the water invades a neighboring property, compensation is required, as per Article 1292.
• 😀 It is permitted to construct channels through neighboring properties to receive water, provided compensation is given to the affected owners, as per Article 1293.
• 😀 Aqueducts must be built with minimal damage to neighboring properties and allow the owners to build on their land without obstructing the water flow, as per Article 1295.
• 😀 Property owners affected by an aqueduct can demand underground construction to minimize damage, especially in built-up areas like gardens or yards.
• 😀 The use of aqueduct water is allowed for essential life needs, and the construction of aqueducts does not prevent property owners from enclosing their properties or building on them, as discussed in Article 1295.

Q & A

What is the primary obligation of the owner or possessor of the lower property regarding the flow of water from the upper property?

The primary obligation is to accept the natural flow of water that comes from the upper property and not obstruct its flow. The lower property owner cannot conduct any works that would hinder this natural water flow.

What happens if the water is artificially brought to the lower property from the upper property?

If water is artificially brought to the lower property from the upper property, the owner of the lower property can either request that the water be diverted or seek compensation for any damages caused by the water flow.

Can the owner of a spring or a property where rainwater falls block the natural flow of remaining water to lower properties?

No, the owner cannot block the natural flow of remaining water to lower properties. They also cannot pollute the water necessary for basic human needs, and must compensate for any damage caused by pollution.

What right does the property owner have in relation to building dams or reservoirs on their land?

The property owner has the right to construct dams, reservoirs, or other works to store water on their property. However, if the stored water invades another property, the owner must compensate the affected party for the damage caused, with any benefit gained deducted.

Under what conditions can someone construct channels through neighboring properties to convey water?

Construction of channels through neighboring properties is allowed if it is necessary to convey water required for basic needs, provided that the neighboring property owner is compensated for any damages caused.

What does the law say about the construction of aqueducts and the rights of property owners regarding their use?

The law allows the construction of aqueducts, but it does not prevent property owners from enclosing their land or constructing over the aqueduct, as long as it does not interfere with the aqueduct's safety and maintenance. The water from the aqueduct can be used for basic life needs.

What happens if the aqueduct carries excess water?

If the aqueduct carries excess water, others are allowed to divert it for necessary purposes, but they must compensate the affected property owners, including the aqueduct owner, for the costs of diversion.

Can the owner of the lower property carry out works that hinder the natural flow of water from the upper property?

No, the owner of the lower property cannot carry out any works that would hinder the natural flow of water from the upper property, as stated in Article 1288.

What is the consequence if the owner of the lower property does not accept the natural water flow from the upper property?

The lower property owner is obligated by law to accept the natural flow of water from the upper property. If they obstruct the flow, it would be a violation of the civil code, leading to potential legal consequences.

What does Article 1295 state about the rights of property owners concerning the construction of aqueducts?

Article 1295 states that the construction of an aqueduct does not prevent property owners from enclosing their properties or building over the aqueduct, as long as it does not affect the safety and conservation of the aqueduct. Property owners can also use the water for basic needs.