Rights Of Residents
LexInter | July 4, 2017 | 0 Comments

Rights Of Residents

ENVIRONMENTAL CODE (Legislative Part)

Section 1: Rights of residents

Article L215-1

   Residents have the right to use the running water that borders or crosses their inheritance only within the limits determined by law. In exercising this right, they are required to comply with the provisions of regulations and authorizations issued by the administration.

Article L215-2

  The bed of non-state watercourses belongs to the owners of both banks.
If the two banks belong to different owners, each of them owns half of the bed, following a line which is assumed to be drawn in the middle of the watercourse, unless otherwise prescribed or prescribed.
Each resident has the right to take, in the part of the bed which belongs to him, all natural products and to extract mud, sand and stones, on condition of not modifying the water regime and carry out cleaning in accordance with the rules established by Articles L. 215-14 to L. 215-24.
The rights acquired by residents or other interested parties over the parts of the watercourses which serve as an exploitation route for the service of their funds are and remain reserved.

Article L215-3

  When the bed of a watercourse is abandoned, either naturally or as a result of legally carried out work, each resident resumes its free disposal according to the limits determined by the preceding article.

Article L215-4

   When a non-state-owned watercourse naturally abandons its bed, the owners of the land on which the new bed is established are bound to suffer the passage of water without compensation; but they can, in the year which follows the change of bed, take the necessary measures to re-establish the old course of water.
The owners of the abandoned bed enjoy the same option and can, during the year, continue to carry out the work necessary to re-establish the original course.

Article L215-5

   When, as a result of legally ordered works, it is necessary to widen the bed or to open a new one, the owners of the occupied land are entitled to compensation in return for the resulting right of way.
To set this compensation, account is taken of the respective situation of each of the residents in relation to the axis of the new bed, the limit of inheritance remaining set in accordance with the provisions of the second paragraph of article L. 215-2. , unless otherwise stipulated.
The buildings, courtyards and gardens adjoining the dwellings are exempt from the right of way.
The disputes which may give rise to the application of the second paragraph of this article and the settlement of compensation shall be judged by the district court.

Article L215-6

  The ownership of alluvium, relays, landings, islands and islets which form in non-state watercourses is and remains governed by the provisions of Articles 556, 557, 559, 561 and 562 of the Civil Code.

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