November, 2017 | Silberman Law Firm, PLLC

The Common Enemy Doctrine in Texas

The term “common enemy” originates from the idea that surface water is the common enemy of every property owner. Union v. Durkes, 38 N.J.L. 21, 22 (1875). The common enemy doctrine embraces the idea that because water is a common enemy, surface water may diverted at the land owner’s discretion, though the diversion may injure […]


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