Maxim 5.2.8
Water runs and ought to run as it has been accustomed to run.
Aqua currit et debet currere, ut currere solebat.
Source: Bouvier, Max. 118; 3 Kent, Comm. 439; Kauffman v. Griesemer, 26 Pa. St. 407, 413; Weisman, 70l
Difficulty 2/5 — Approachable
Explanation
No landowner may divert the natural flow of water to the injury of his neighbor — the watercourse belongs to the land through which it naturally runs.
Where this applies
- My family has been using a path across the neighbor's land for 50 years and now they want to block it.
- I've been drawing water from a spring on adjacent land for generations — can the new owner cut me off?
Legal domains
See also
Cite this maxim
NeCede Max. 5.2.8 — Water runs and ought to run as it has been accustomed to run. — Bouvier, Max. 118; 3 Kent, Comm. 439; Kauffman v. Griesemer, 26 Pa. St. 407, 413; Weisman, 70l (Aqua currit et debet currere, ut currere solebat.)
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