Practice question
A hillside farm formerly drained naturally onto lower land. Its owner builds a collection system that concentrates additional runoff and increases the burden below. He argues that the natural-drainage easement authorizes any volume or artificial alteration. The lower owner separately proposes a wall blocking natural flow without any alternative drainage. Which statement is correct?
- The higher owner may increase the burden without limit
- The lower owner may block natural drainage unconditionally
- Both owners may disregard the effects on the other
- The higher owner cannot increase natural flow by works, and the lower owner cannot impede it without providing an alternative method of drainage under Water Code Article 50
- Only ownership of the larger lot matters
Legal references
- PD 1067, Article 50: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/26/54002
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