effects of an activity on one property on another, which are a direct continuation of the activity – Section 1013 of the Civil Code

Intentional or targeted directing of influences onto another's land – e.g. diverting water through a drainage system, blowing smoke, filling up a ditch causing flooding.

They are absolutely prohibited, regardless of intensity or local conditions.

The exception is cases where a legal title exists (e.g. easement, contract – right of way, grazing).

- Defense against emissions

Possible means of defense:

A lawsuit to refrain from emissions (negative lawsuit) – against a direct or indirect disturber.

A lawsuit for compensation for damage – in the case of privileged emissions.

Active legitimacy: the owner of the affected land (including non-adjacent land).

Passive legitimacy: the direct disturber, or possibly the indirect disturber, if his liability is legally attributable.

Practical tips
Assessing air pollution is always individual – local customs, the purpose of land use and the intensity of the intervention are key.

Even small construction interventions (e.g. moving an eavestrough) can give rise to liability.

When renovating, think about the direction of water drainage, noise or odors to avoid disputes.