What is a servitude that requires a property owner to maintain the natural flow of water across their property known as?

The concept of a servitude that requires a property owner to maintain the natural flow of water across their property refers specifically to a legal obligation tied to the use of land. In this context, a natural predial servitude is recognized as a type of easement that allows one property owner to benefit from the natural resources and features of neighboring land, particularly concerning the flow of water.

A natural predial servitude differs from other types of servitudes in that it does not impose a burden on the landowner to exercise action but rather to refrain from taking actions that would impede the natural state of water flow. This type of servitude emphasizes the importance of preserving natural resources and ensuring that water can flow as it has historically done, thereby protecting the rights and interests of adjacent property owners.

In contrast, a predial servitude generally involves a servitude that benefits a dominant estate at the expense of a servient estate, without specifically addressing the issue of natural water flow. Personal servitudes pertain to individual rights and do not extend to property ownership. Real servitude may encompass various forms but lacks the precise connotation related to the maintenance of natural water courses that a natural predial servitude captures.

Thus, the focus on maintaining the natural flow of water