DRAINAGE. In law, a right to discharge surface water from land upon the land of anotlwr. The civil law of Nonie recog-ni•ed a natural right of drainage as between adjacent lands of different elevations. the rights of the owners of lwing goverucd by the late of nature. tiy that which has been adopted in PeillisylVania, California, and Louisiana. the lower proprietor is bound to receive the surface water, which naturally duty from the estate above, provided the sa•rvitude has not been increased toy the industry of man.
No such right exists by the conliiinn law. and it is held in most of the Milted Stales, as well as in England, that the lower proprietor may lawfully olestruet the flow of surface water upon leis land from that of his neighbor, though the latter is not liable for any damage which may re.sult front the natural flow of suell water upon the lands (f the former. in both systems of law, however, a riparian proprietor may drain Lis land into a natural watercourse whirl] flows over or by his land. and no oh-1 ruction of the by Iowa r proprietor \\davit presents suell drainage will be permitted. This is a natural, as di-ting-misLed from an acquired, right of the riparian proprietor. and is therefore strictly analog( to4 to the natural servitude of drainage tf the civil law above alluded to. It rxists rr juru MItilla and is incapable 01 aliena• tion. of i•lcase, or of severance from the hind.
;see Datkley rs. 86 At w York 1:cpurts.140.
Apart from 111i- limited natural right of drainage, the colliniun law lecognize, at.0 an a,ement of drainage, which may be acquired by grant or prescription over the land of another. Ellis may exist or without an artificial construction, and may be superficial or snlacr ial•an. The common-law right of eavesdrop ping is one form of this easement. though ils usual form is the right to construct and maintain an artificial drain and to discharge water through the same into and through the adjoin ing premises. The familiar right of the house holder in a city or village to di-charge water into a public or n unieipal drain is of this na ture. The right is violated by any interference or obstruction caused by the owner of the lower or estate. whether intentional or Pot, and may be by an action for dam ages or by injunction to prevent a threatened interference. The easement carries with it the right to enter on the premises affected by it in order to repair the drain and keep it open: hut it is, like other easements, carefully restricted to the ainolint and kind of user included in the terms of the grant. sec EA.:•ENiENT; SERVITUDE; WATER COURsE: and the authorities there referred to.