Common Enemy Doctrine

Definition

The common enemy doctrine is a legal principle stating that surface water is a "common enemy" to landowners, allowing each landowner to alter drainage patterns on their land without liability to neighboring parcels, as long as the water flows to its natural destination.

Purpose

The purpose of the common enemy doctrine is to give landowners the right to protect their property from surface water without being liable for changes in drainage that affect neighboring properties.

Examples of Use

• A landowner builds a drainage ditch to redirect rainwater away from their property, even if it increases water flow to a neighboring parcel.
• Property developers install stormwater management systems that alter natural drainage patterns under the common enemy doctrine.
• Farmers use dikes or levees to protect crops from flooding without liability for downstream effects.

Related Terms

• Riparian Rights: Legal rights of landowners whose property is adjacent to a watercourse.
• Drainage Easement: A right granted to use another's land for water drainage.
• Surface Water: Water that collects on the surface of the ground, such as from rain or melting snow.

Notes

While the common enemy doctrine provides flexibility, some states have modified it to hold landowners liable for negligent or malicious drainage changes that harm neighboring properties.