Civil Code (Cap. 16)
Civil Code (Cap. 16), article 450
450. (1) Any person who cannot receive water into his own
tenement from fountains or other deposits of public water, exce pt
through rural tenements belonging to other persons, may compel
the owners of such tenements to grant him, in such manner as shall
least injuriously affect them, the right of watercourse, subjec t to the
payment of an indemnity pro portionate to the damage.
(2) It shall not be lawful for such person to compel the said
owners to allow him to make new channels, if they grant to him
watercourse by means of the existing channels; in which case the
indemnity shall be determined having regard to the value of suc h
channels, and the expense necessa ry for their first repair, and the
person who makes use of them shall remain bound to contribute t o
the expense of their upkeep as provided in article 452.
Action for
indemnity subject
to prescription.
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