North Carolina:
In North Carolina, the common enemy law governs how landowners can protect what they own, meaning their own property from natural elements, particularly flooding and erosion. This legaldoctrine allows property owners to take defensive measures against water intrusion without facing liability for any resulting damage to neighboring properties.
Definition and Legal Background:
The common enemy law posits that water is the “common enemy” that property owners must defend against. Under this principle, a landowner can alter the flow of water to protect their land, provided these actions do not constitute negligence or create an unreasonable hazard for neighbors.
This doctrine has roots in common law and was reinforced by North Carolina courts in cases such as Baker V. The Town of Chapel Hill in 1979, which clarified the rights of property owners to manage water flow in a way that protects their own interests.
Key Considerations:
While the common enemy law provides broad protections, it is not absolute. Courts may scrutiniz the actions taken by landowners, especially if those actions lead to significant harm to adjacent properties. For instance if a landowner’s alterations lead to increased flooding on neighboring land, they could still be held liable under principles of negligence.