An aqueduct servitude does not prevent the owner of the servient tenement from inclosing and fencing it nor from building over it, provided the aqueduct is not injured and that necessary repairs and cleaning are not rendered impossible. The owner of the aqueduct shall make them in due time, after advance notice to the owner, lessee, or manager of the servient tenement. If in order to clean and clear the aqueduct it should become necessary to demolish part of the building, the cost of repairing it shall be borne by the person who may have built over the aqueduct if he failed to leave the proper openings or entrances for such services.
History —Law of Waters, art. 96.