7. Water Rights

1. 7.1 Freely Flowing Water
2. 7.2 Roof Rainwater
3. 7.3 Spring Water
4. 7.4 Drainage
5. 7.5 Rivers and Streams
6. 7.6 Coastlines

7.1. Freely Flowing Water

All property owners must accept receipt of freely flowing water onto their property, whether it is from rain, a spring, or the fall of snow.

The principle applies as much in the country as the town, between buildings and fields and despite the fact that the properties maybe separated by a public or private route.

Notwithstanding this rule, the recipient of the water can undertake minor alterations to ameliorate the situation, provided it does not aggravate the situation on neighbouring properties.

This rule does not apply in relation to potentially overflowing rivers where the property owner can undertake such reasonably preventative measures to avoid flooding on their property eg dig a ditch.

In the same manner, the owner of a property from which the water originates (at a higher level) should not do anything that aggravates the flow of water onto the neighbouring property.

Accordingly, an owner would not be permitted to dig ditches on their property that sent water cascading more powerfully onto the property of their neighbour.

Similarly, there is nothing to prevent an owner capturing the water falling on their property and using it for their own purposes.

7.2. Roof Rain Water

The major exception to the rule on freely flowing water relates to rainwater falling from the roof space of a property.

All property owners are obliged to ensure that, as far as possible, rainwater from the roof space of their property does not fall on the property of their neighbour.

Clearly, this is unlikely to be an issue in the countryside, but in urban areas there are sometimes disputes concerning this problem.

The rule does not imply that an owner must stop all rainwater from their roof going onto a neighbouring property but, simply, that they must do all that it is reasonable to do to ensure that it does not.

The installation of rainwater goods and down pipes is sufficient to meet the requirements of this rule.

7.3. Spring Water

An owner of a property is also the owner of a spring on the property and any spring water from it.

Accordingly, as a rule, the property owner can use the spring water for any use they desire, be it domestic, agricultural or industrial.

In addition, if you think it is any good, you can bottle it and sell it!

Owners are permitted to allow the water to overflow onto adjoining land or to cap off the spring if they wish.

So, unlike freely flowing rainwater, an owner of a spring is not obliged let it flow freely.

There are three exceptions to this rule:

i. River Source - Where the spring water is the origin of a later river, whether public or private, the owner is obliged to let it flow freely.

ii. Rights of Prescription – A neighbour can acquire prescriptive rights over the use of the spring water if they have used it over the past 30 years (the ‘30 year rule’) and they have also carried out works to make possible this use. In these circumstances, the owner can use some, but not all, of the water for their own use.

iii. Local Residents – People who live in the commune are entitled to water from the spring if it is 'absolutely and unequivocally' necessary for their needs.

The rule applies to the generality of people in the commune and not to the benefit of a single family or person.

So, in normal circumstances, the involvement of the local council would be required to give rise to adoption of this right.

It does not apply to agricultural uses, where no right exists for farmers to use the spring water.

Neither does it apply in relation to a well situated on a property (it must be freely running spring water).

The right does not give a specific right of way for village residents across privately owned land.

Accordingly, the owner can fence off and lock up the land if they so wish, but must leave a key with the Mairie for people to obtain access to the spring water.

The owner is entitled to claim a small amount of compensation from the commune, not for the water itself, but for the inconvenience and disturbance of people using the right of access.

7.4. Drainage

Farmers (and local councils for that matter) have a right to require that property owners grant them permission to install a drain under the ground of their property if it is needed to carry irrigation water to outlying fields or to prevent flooding to the fields.

This right is known as une servitude d’aqueduc and applies whether or not the farmer is a neighbour for the drains may need to pass under several properties.

However, the farmer is not entitled to pass drains through the garden of a residential property.

The right to this servitude is not automatic. The farmer needs to obtain the consent of the owner. If this cannot be obtained then it is necessary for them to proceed to a court of law to obtain passage.

Whilst the court of law may well be sympathetic to the needs of the farmer, they are also obliged to take into consideration the interests of the property owner.

If a right is granted then the farmer is obliged to pay compensation to the owner in the form of a single payment, not an ongoing licence fee.

7.5. Rivers and Streams

There are over 250,000 kilometres of privately owned rivers and streams in France.

If you have a watercourse going through or at the perimeter of your property, and you are unsure whether it is public or private property, you should contact your Direction départemental de l’équipement (DDE) who will be based in your Préfecture.

If you are lucky enough to be the owner of a private stretch of river or stream then it is important to remember that it is ownership of the bed only and not the water itself.

Except in the case of spring water (which belongs to the owner of the property), all water is public property, in the sense that it belongs to no one and everyone!

This implies that anyone is permitted to navigate down a stretch of river, whether public or private, but they are not entitled to make use of the riverbank itself.

Accordingly, if it is necessary to go on private property to gain access to the river, you need the permission of the owner.

If the river is entirely within the bounds of your property then you own the whole of the bed. If, however, it separates two private properties then each have ownership of half of the riverbed.

The law requires that you undertake regular maintenance of the riverbed and riverbank to ensure the proper flow of water and development of flora and fauna.

Owners are entitled to extract water from the river for their own private use, including, if required, the installation of pumping equipment for this purpose, provided it is on their own land.

7.6. Towpaths

In the case of public waterways, there are rights of way that govern the use of the towpath (halage) for public use.

The law states that a minimum towpath width of 7,80 metres must be maintained on one side of the river, and for an additional 1.95 metres neighbouring owners are only entitled to undertake light planting.

On the other side of the river, the minimum width must be 3.25 metres.

The maintenance of these towpath areas is the responsibility of the statutory authorities.

7.7. Fishing Rights

You are entitled to fish along the bank of a public river provided you obtain a fishing permit, which you can purchase from a local fishing club or tabac.

Owners of private rivers or lakes are also required to give limited fishing rights to members of the public.

The right consists of granting a space of 3.5 metres for fishing, which can be reduced to 1.5 metres by order of the Préfecture.

However, in order to gain access to the river it may be necessary to go across private property for which the consent of the owner must be obtained and can be refused!

7.8. Coastlines

If you own a shoreline or beachside property then there are rights of way over the property that may be granted to members of the public.

Broadly speaking, a right of way of 3 metres is granted in certain cases to enable members of the public to gain access to the shore or beach and to be able to walk along it.

This right of way is called le chemin des douaniers and, out of nearly 5000 kilometres of coastline in France, the servitude operates along about 20% of this coastline.

It only operates where the property is contiguous with a public area but does not apply where there is alternative public access to the shoreline. It also operates only to the benefit of pedestrians and not vehicles of any kind.

The 3-metre strip can be either parallel with the shoreline or perpendicular to it. So it could run alongside a property or to the front of it.

There are various exemptions to this rule, notably for properties built before 1976 with a boundary wall.

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