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Drainage of Surface Water

Drainage of Surface Water. Drainage of Surface Water. Water which does not run in any well-defined channel . Examples: Run off from rain and melting snow. Retaining Surface Water. Rule of Capture Does not matter on whose land water fell. Getting Rid of Surface Water.

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Drainage of Surface Water

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  1. Drainage of Surface Water

  2. Drainage of Surface Water • Water which does not run in any well-defined channel. • Examples: Run off from rain and melting snow.

  3. Retaining Surface Water • Rule of Capture • Does not matter on whose land water fell.

  4. Getting Rid of Surface Water 1. Natural Servitude (Civil Law Rule) (Natural Flow) • Landowner’s right – water to flow away • Landowner’s duty – permit water to flow over • No alteration of natural contour allowed • But, some courts permit reasonable alterations.

  5. Getting Rid of Surface Water 2. Common Enemy Rule • Landowner can take steps to remove water. • Landowner can take steps to prevent water from coming on to property. • Some courts have reasonable exception for artificial discharge.

  6. Getting Rid of Surface Water 3. Reasonable Use Rule • Case-by-case approach.

  7. Armstrong v. Francis Corp. Rahway, NJ

  8. Armstrong v. Francis Corp.

  9. Armstrong v. Francis Corp.

  10. Armstrong v. Francis Corp.

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