Text of the provision

Art. 510. The ownership which the proprietor of a piece of land has over the waters rising thereon does not prejudice the rights which the owners of lower estates may have legally acquired to the use thereof.

(415)

Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.

What this article means

An owner’s ownership of the water rising on his land does not defeat rights that owners of lower estates have legally acquired to use that water. Established downstream rights survive.

This article distinguishes ownership of the water at its source from the right to use that water further downstream. A landowner on whose property water rises owns that water, but this ownership does not retroactively cancel usage rights that owners of lower estates already validly acquired — for instance, through a concession or a title recognized by law — before or independently of the upstream owner’s claim. The provision protects reliance: once a lower estate’s right to use the water is legally established, the upstream owner’s ownership of the source cannot be used to defeat it.

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Note. The text of the provision above is reproduced in full from the official enactment (Republic Act No. 386), verified against the LawPhil and ChanRobles renderings. The annotation and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.