Maxim 5.2.7
Water follows the land.
Aqua cedit solo.
Source: 2 Bl. Comm. 18; Co. Litt. 4; Weisman, 70k
Difficulty 2/5 — Approachable
Explanation
A sale of land passes the water covering it — the owner of the bank owns the stream.
Where this applies
- My upstream neighbor dammed the creek and now my fields are dry.
- A developer diverted a stream that used to water my livestock.
See also
Cite this maxim
NeCede Max. 5.2.7 — Water follows the land. — 2 Bl. Comm. 18; Co. Litt. 4; Weisman, 70k (Aqua cedit solo.)
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