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LSDefine
Simple English definitions for legal terms
common-enemy doctrine
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A quick definition of common-enemy doctrine:
The common-enemy doctrine is a rule that says a landowner can push away floodwater without worrying about how it affects other landowners. This is because the floodwater is seen as a common enemy to everyone who owns land. So, if there's a flood, a landowner can do what they need to protect their property, even if it means the water goes onto someone else's land.
A more thorough explanation:
The common-enemy doctrine is a rule that allows a landowner to protect their property from surface waters during a flood without worrying about the effects on other landowners. The name comes from the idea that floodwater is a common enemy to all landowners.
For example, if a landowner builds a barrier to prevent floodwater from entering their property, they are not responsible for any water that may overflow onto their neighbor's property. Another example is if a landowner diverts water to protect their property, they are not responsible for any damage caused to their neighbor's property.
This doctrine is important because it allows landowners to take necessary actions to protect their property during a flood without worrying about legal consequences. However, it is important to note that this doctrine only applies during emergencies such as floods and does not give landowners the right to intentionally harm their neighbor's property.