Under common law, surface water is treated as which of the following?

Under common law, surface water is treated as which of the following?

• A. Absolute ownership
• B. Common enemy
• C. Beneficial use requirement
• D. Riparian approach

Answer: (B)

Surface water is treated as a common enemy. Each landowner may take reasonable steps to prevent surface water from damaging their property, including diverting or draining it away, even if that action affects a neighbor’s land, so long as the steps are not wanton or reckless. This reflects a view that surface water is something to be abated rather than owned or passively endured. It contrasts with absolute ownership of water or with other doctrines that base rights on a riparian or natural-flow approach along a watercourse.

Surface water is treated as a common enemy. Each landowner may take reasonable steps to prevent surface water from damaging their property, including diverting or draining it away, even if that action affects a neighbor’s land, so long as the steps are not wanton or reckless. This reflects a view that surface water is something to be abated rather than owned or passively endured. It contrasts with absolute ownership of water or with other doctrines that base rights on a riparian or natural-flow approach along a watercourse.