Legal Definitions - flowage

FLOWAGE

Flowage refers to the natural movement of water from a dominant estate to a servient estate. It is a privilege or easement of the owner of the upper estate and a servitude of the lower estate.

One example of flowage is when a river flows from a higher elevation to a lower elevation, passing through different properties along the way. The owner of the property at the higher elevation has the privilege of allowing the water to flow through their land, while the owner of the property at the lower elevation has the servitude of receiving the water.

Another example is when a drainage system is installed in a residential area. The water flows from the houses to the drainage system, which then carries the water to a lower elevation. The homeowners have the privilege of using the drainage system, while the municipality or the owner of the land where the drainage system is installed has the servitude of receiving the water.

These examples illustrate how flowage works, where the owner of the dominant estate has the right to use the natural flow of water, while the owner of the servient estate has the obligation to receive the water.