State Act

Portuguese Civil Code, 1867

Article 440 – Domestic use - The land owners along any watercourses cannot prevent their neighbours from the use of the waters, for their domestic purposes, provided that they are compensated for the damages that may arise from passage through their properties. § 1 - Such servitude can only take effect, upon verification, that the said neighbours cannot have water from another part, without great inconvenience or difficulty. § 2 - The conflicts, which may arise in this connection, except those relating to compensation, shall be decided administratively. § 3 - The right to use the waters, referred to in this article, is not acquired by way of prescription, but ceases as soon as, by way of construction of any public fountain, the persons, to whom the right is accorded, have the water they need without much difficulty and inconvenience.