COMMON ENEMY DOCTRINE - Black's Law Dictionary

What is COMMON ENEMY DOCTRINE? Definition of COMMON ENEMY DOCTRINE in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.

Recognized as to surface waters in but a few states, under which no natural easement or servitude exists  in favor of the superior or higher  land as to mere surface water, or such  as falls  or accumulates by rains or the melting of snow;  and the proprietor of the inferior or lower tenement or estate may  at his option lawfully obstruct or hinder the flow of such water  thereon, and in so doing  may turn back or off of his own lands,  and onto and over the lands of other proprietors, such water,  without liability by reason of such  obstruction or diversion. Miller v. Letzerich, 121 Tex. 248, 49 S.W.2d 404, 411, 85 A.L.R. 451.

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