Sources reviewed
Did the works change natural runoff?
The lower owner may not dam natural flow from higher land, and the higher owner must not increase the burden below. Harm caused by a drainage course on another’s property or a road is to be removed even if longstanding. Identify what a new roof, fill or pipe added to the flow. [1]
Map flow before and after the works
Obtain ground levels, outlet position and dated photographs predating construction. Compare pooling patterns in similar rainfall where possible. The uphill owner may attribute flooding to a new wall downstream. Have the engineer test both explanations. If the court appoints an expert, ask it to define the technical question in the order. The expert can map the natural gradient and compare runoff before and after the roof alteration or fill. [3]
Address the source and quantify damage separately
Propose drainage that relieves the discharge without diverting it onto a third plot. Identify who will perform the works and how performance will be checked after rain. Keep wall and soil repairs in a separate schedule tied to specific flooding events.
Temporal scope · 2026-10-30
The Law took effect 180 days after official publication. It generally reaches earlier events, except where a party invokes a conflicting pre-existing statutory rule or judicial principle applicable to the event, or a claim-barring period had already started. Separate registration and jurisdiction requirements still apply. [2]
Sources
- نظام المعاملات المدنية | Civil Transactions Law 709–710
- مرسوم الإصدار ونفاذ النظام · Enacting decree and commencement Royal Decree M/191, clauses IV–V; Civil Transactions Law, art. 721
- نظام الإثبات | Evidence Law 110–111
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