Open AccessLegal effects of changes in water relations on neighbouring properties
Author(s) -
Agata Kosieradzka-Federczyk
Publication year - 2020
Publication title -
nieruchomości@
Language(s) - English
Resource type - Journals
eISSN - 2719-8030
pISSN - 2657-8247
DOI - 10.5604/01.3001.0014.3521
Subject(s) - derogation , value (mathematics) , perspective (graphical) , law , business , common law , law and economics , political science , economics , computer science , artificial intelligence , machine learning
The subject of the article is the analysis of regulations regarding the consequences of violationsof water relations on neighboring properties, from the perspective of the protected value.The regulations contained in the Water Law Act belong to the so-called neighborhood law, thatcan be find in legal acts from private and public law. Regulations regarding changes in waterrelations in the Act on nature protection in the area of nature protection, but also a botanicaland zoo garden, are aimed at protecting water relations (protection in the form of a prohibitionof change). However, this prohibition is not absolute. The common exception allowing a derogationfrom the ban are the needs justified by nature protection.In case of a collision between values, when a change in water relations causes damage inneighboring areas within the area of nature protection is justified by the need for protection, itis the administration authority task to weigh the values and provide protection to each of themas far as possible.