Property Lawyer in Spain | Water and Sewage

Water and Sewage


  • While an owner can gain access through neighbouring properties for the water they need on their property, this right does not exist for sewage so the owner would need to agree with the neighbours a means of evacuating the waste water or to resolve the issue by installing a septic tank on their own property. This is important when buying a plot in a rural area in order to build on it.
  • Regarding drinking water, an owner who wants to exercise right of access, must prove that they can dispose of the water ( by connecting to the public network, for example), that the access they ask for is the most convenient and the least problematic for the neighbour, and to indemnify the neighbour. Access through existing buildings, yards or gardens is excluded , but once the right is established, the owner who suffers the burden may build over the access, provided it does not cause any damage to the access nor make it impossible to clean or repair.
  • Regarding natural drainage of water, neither the owner of the higher land nor the owner of the lower land must do anything to stop or hinder it.
  • Regarding the water that falls from a building, the owner must build the roof so that none falls on the neighbouring land. However, if this right is agreed between the owners, the owner who suffers the burden can accept the waters onto their own roof, or channel it via another exit to the street.

    Only if the yard of a property is surrounded by neighbouring properties and there is not any other possible drainage can the owner ask to drain the rain water through the surrounding properties via the easiest drainage available, while indemnifying against any possible damages.

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