Civil Code, Article 516 — Clearing Obstructions To Water

What this article means

The same rule as the preceding article applies where land must be cleared of accumulated or fallen matter that could obstruct the flow of water to the damage or peril of third persons.

The preceding article, referenced here, imposes a duty to maintain works meant to defend land against water; this article extends the same underlying concern to a different situation — accumulated matter, such as soil, debris, or rock, sitting on a piece of land in a way that could obstruct a stream or waterway if it falls or builds up further. Because the risk to neighboring or downstream property is the same whether the danger comes from a decaying structure or from unmanaged natural accumulation, the article applies the preceding article’s approach to this additional case rather than creating a separate rule.

Questions about this provision

• Can my neighbor be ordered to clear rocks or debris on his land that are blocking the flow of a stream that drains through it, if the blockage is harming my property?

Related provisions

• Article 515 — Duty To Maintain Defensive Works.
• Article 517 — Sharing The Cost Of Works.

Cases interpreting this article

• Authorities on this article will be added here as each is verified against primary sources.