Snowy36
2024-07-31 15:46:00
- #1
It is also explained again in the Bavarian Neighborhood Act: "But not only rivers that overflow their banks can cause conflicts in neighborly relations. Courts repeatedly have to deal with cases where water originating on a neighbor’s property causes negative effects on an adjacent property. In this context, lawyers differentiate between so-called eaves water on the one hand and so-called wild flowing water on the other. Eaves water is the water that initially hits a building as rainwater. This water is already not allowed under federal law to be diverted onto neighboring properties, but must be drained on the own property via a sewer connection or, if necessary, also a soakaway pit. In numerous neighbor law and water laws of the states and also in the state building codes there are additional relevant regulations on this. If you want to direct eaves water onto a neighboring property, you depend on the consent of the owner of the neighboring property. Such a process can be legally regulated, for example, by means of a so-called easement. Wild flowing water, in contrast to eaves water, is defined in the Bavarian Water Act as water that originates on a property or naturally accumulates there. Primarily, wild flowing water is the rainwater that directly hits the property (and not a building). According to the provisions of the Bavarian Water Act (comparable regulations exist in other federal states), the wild flowing water is allowed to flow onto the usually lower-lying neighbor's property. However, the owner of the higher property must not alter or intensify the water discharge to the detriment of the lower-lying property owner – for example through excavations, embankments, or reinforcements. Likewise, the lower-lying property owner must not negatively alter the natural inflow of wild flowing water – for example through the construction of a dam – to the detriment of the higher-lying properties. If a property owner does not comply with the above regulations, the negatively affected neighboring property owner generally has a claim for removal and injunction."And that is exactly why it is not a natural watercourse. The upper properties each have to ensure that the rainwater stays on their land. From below, one is now obviously starting to defend against the "violation of rights" from above. If everyone has such a dam, then everyone still has to deal with their own water, so to speak, goal achieved.