Can a co-owner prevent the accustomed flow of water over his newly acquired share after division of a property?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
If owners divide a property, such as a building with four roofs over which water customarily flows, one owner cannot prevent the accustomed flow over the part falling to his share unless there was an explicit prior condition stipulating the redirection of the water. The division implies that each party obtains their portion with all its established rights, similar to a purchase, which includes pre-existing, customary easements like water flow paths. The principle that believers must adhere to their conditions applies if such a condition for redirection was agreed upon.