WebMany states have “common enemy” rules that guide property owners or landowners on how to deal with surface water. These rules allow property owners to do whatever they can to protect their property from surface water even if these actions have consequences on their neighbors. WebThree separate rules of law have been developed and applied by Ohio courts over the years to determine the legal nghts and responsibilities of landowners to dispose of excess water (Callahan, 1979; Wright et al., 1985). These are the common enemy doctrine, the civil law doctrine and the doctrine of reasonable use.

Surface Water Drainage – Understanding the Common …

WebIn common law, flood waters are treated as a "common enemy" of all people, lands and property attacked or threatened by them. In ground water law, the "English Rule," which is analogous to the common enemy rule in surface water law, is based on the doctrine of absolute ownership of water beneath the property by the landowner. 2.5.2 Surface Waters In the United States, regulation of drainage is typically done on the state and local level. In addition to whatever statutes or local ordinances may be in effect in a given locality, there are three basic legal doctrines which the various state courts recognize. In the state of Michigan, drainage law is so important that counties elect a drain commissioner to oversee water resources. glynburn rd burnside

Drainage law - Wikipedia

WebThe law of nuisance acknowledges and accommodates two conflicting rights: 1) the right of a property owner to control and use land for personal benefit and interest, and 2) the … WebMany states have “common enemy” rules that guide property owners or landowners on how to deal with surface water. These rules allow property owners to do whatever they … http://www.hcswcd.org/uploads/1/5/4/8/15484824/drainage_law.pdf bollocks restaurant oshawa