PROPERTY – EASEMENT
You have bought a sloping plot in Toulon, and every storm turns your garden into a retention basin. Water from the neighbouring plot, which sits higher up, pours onto your land. You have measured the drop with a rule and a spirit level: about 80 cm over 15 metres. That gives a gradient of 5.3%. You assume this is normal, that it is the law of the higher ground. What nobody tells you is that Article 640 of the Civil Code sets precise limits, and in Toulon, with its clay soils, the critical threshold is often exceeded.
What you can see, and what it really conceals
You see water running across the ground. Channels in the soil, sometimes piles of rubble along the boundary. You tell yourself: “It’s his land, it’s higher up, it’s his right.”
In practice, this is what I find in 8 cases out of 10 in Toulon. Owners put up with it, convinced that the natural easement for the flow of water is an absolute right of the higher property. In reality, Article 640 of the Civil Code states that this flow must remain “natural”, without being made worse by building work. In a case last year in the Mourillon district, the neighbour had built a retaining wall and waterproofed 70% of his plot. The result: the flow reaching the lower property had tripled. That was no longer natural run-off but an aggravated discharge. The real question is not “does the water flow?” but “does the water flow MORE and FASTER than before the works?”.
Fonds dominant Votre terrain Fonds inférieur Niveau +5,20 m NGF Niveau +4,40 m NGF Pente calculée : 5,0 % Limite de propriété Votre limite Limite du voisin Écoulement aggravé
The gradient calculation that changes everything
The gradient is calculated as follows: Δh/L × 100. Δh is the difference in height and L the horizontal distance. Simple? Yes, provided you start from the right values. In Toulon, the references are NGF-IGN69 (the French geodetic levelling system) for heights and RGF93/Lambert 93 for coordinates. With a rule, you find 80 cm over 15 m. With my Leica TS16 total station (accuracy ±1 cm), I often find something different. Take a real case from the town centre: high point at 5.20 m NGF, low point at 4.40 m NGF, distance 16.00 m. Δh = 0.80 m. L = 16.00 m. Gradient = (0.80 / 16.00) × 100 = 5.0%.
This figure on its own means nothing. It has to be compared with the natural gradient of the ground before development. Eurocode 7, §2.4.5.2 on geotechnical actions, considers that a change in gradient of more than 20% of the original gradient can alter drainage. If the natural gradient was 4.0% and it rises to 5.0%, the increase is 25%. That is significant. In practical terms: through his works, your neighbour cannot speed up the flow towards your plot by more than 20%. In Toulon, where gradients often lie between 4% and 8%, this threshold is quickly crossed.
What if you do nothing?
Within six months, erosion gets worse. Channels turn into gullies. The topsoil is washed away.
Within two years, the foundations of your fence or a shed may be undermined. In Toulon, I have seen a house whose terrace slab had cracked under water draining from the plot above. The bill: between €8,000 and €15,000 for underpinning. Within five years, if the soil is clay (common in the Var), the cycles of wetting and drying cause swelling followed by differential settlement. Walls crack. Secondary problems follow: rising damp, mould. Treatment becomes heavy, often well over €25,000. And your insurer may refuse cover, citing lack of maintenance or a known construction defect.
Your remedies and what you can demand
Your weapon: Article 640 of the Civil Code, paragraph 1: “Lower properties are bound to receive, from those that are higher, the waters that flow from them naturally…” Everything hinges on the word “naturally”. If the flow has been aggravated, you can demand that the situation be put right. The procedure: send your neighbour a registered letter with acknowledgement of receipt setting out the nuisance. If he does not reply, you appoint an expert (a surveyor, for example) to carry out a joint measurement with a total station and, if need be, a flow calculation. As a last resort, the judicial court of Toulon has jurisdiction. Do not wait. In Toulon, processing times are long. Act at the first signs.
Frequently asked questions
What maximum gradient does natural run-off allow in Toulon?
There is no absolute maximum gradient, but Article 640 of the Civil Code prohibits any aggravation of the flow. Eurocode 7 treats an increase in gradient of more than 20% over the original gradient as significant. In Toulon, where gradients of 4 to 8% are common, this threshold is often exceeded.
How do you measure a gradient accurately?
Use a surveyor’s level or a total station. Record the difference in height (Δh) and the horizontal distance (L). Gradient = (Δh/L) × 100. In Toulon, reference heights are in NGF-IGN69 and coordinates in RGF93/Lambert 93.
What should I do if my neighbour’s works make the water flow worse?
Send a registered letter with acknowledgement of receipt setting out the problem. If there is no reply, call in a surveyor for a joint measurement. As a last resort, take the matter to the judicial court of Toulon. Act quickly to stop the damage getting worse.
Frequently asked questions
What is the natural easement of the higher property?
The natural easement of the higher property (fonds dominant) refers to the legal obligation of the lower land (the servient property, or fonds servant) to receive the water that flows naturally from the higher land. In Toulon, it is governed by French civil law, which forbids the owner of the higher property from aggravating the natural flow.
How is the gradient calculated for the natural easement in Toulon?
The gradient is calculated by measuring the vertical difference in height between the two properties and dividing it by the horizontal distance separating them, expressed as a percentage. This calculation is essential to establish the natural direction of water flow and the extent of the easement.
Can the owner of the higher property alter the slope to increase the flow of water?
No, the owner of the higher property may not make changes that worsen the natural easement, such as increasing the slope or concentrating the flow of water. Any change that worsens the position of the lower property is prohibited and may give rise to disputes.
See also: View Servitude in Nice: Calculating Distance and Angle Under the Law · View Servitude in Nice: Angle and Distance Calculation (Civil Code Art. 678-680) · Ground Slope and Rainwater Drainage in Cannes: Calculation
Survey carried out by Frédéric Faucouneau, independent building expert – Antibes, Alpes-Maritimes (06), Var (83), Bouches-du-Rhône (13). Find out more
📅 Last updated 06/11/2026 - Cassini Expertise, independent building expert – departments 06, 83 and 13.