JUS AQUAEDUCTUS, CIV. law. The name of a servitude which Lives to the owner
of land the right to bring down water through or from the land of another,
either from its source or from any other place.
2. Its privilege may be limited as to the time when it may be
exercised. If the source fails, the servitude ceases, but revives when the
water returns. If the water rises in, or naturally flows through the land,
its proprietor cannot by any grant divert it so as to prevent it flowing to
the land below. 2 Roll. Ab. 140, l. 25; Lois des Bat. part. 1, c. 3, s. 1,
art. 1. But if it had been brought. into his land by artificial means, it
seems it would be, strictly his property, and that it would be in his power
to grant it. Dig. 8, 3, 1 & 10; 3 Burge on the Confl. of Laws, 417. Vide
Rain water.; River; Water-course.
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