ziero0
6th February 2022, 08:36 AM
RAIN WATER. The water which naturally falls from the clouds.
2. No one has a right to build his house so as to cause the rain water to fall over his neighbor's land; 1 Rolle's Ab. 107; 2 Leo. 94; 1 Str. 643; Fortesc. 212; Bac. Ab. Action on. the case, F.; 5 Co. 101; 2 Rolle, Ab. 565, 1. 10; 1 Com. Dig. Action upon the case for a nuisance, A; unless he has acquired a right by a grant or prescription.
3. When the land remains in a state of nature, says a learned writer, and by the natural descent, the rain water would descend from the superior estate over the lower, the latter is necessarily subject to receive such water. 1 Lois des Batimens, 15, 16. Vide 2 Roll. 140; Dig. 39, 3; 2 Bouv. Inst. n. 1608.
The superior estate is the highest. In modern vernacular this is the headwaters of the watershed. Everyone else in the watershed gets to take water from someone else.
The U.S. is composed of watersheds (not states). There are no watersheds in any state. If the boundary description of the state doesn't mention watersheds then the state claims none.
http://www.usgs.gov/media/images/watershed-map-north-america
2. No one has a right to build his house so as to cause the rain water to fall over his neighbor's land; 1 Rolle's Ab. 107; 2 Leo. 94; 1 Str. 643; Fortesc. 212; Bac. Ab. Action on. the case, F.; 5 Co. 101; 2 Rolle, Ab. 565, 1. 10; 1 Com. Dig. Action upon the case for a nuisance, A; unless he has acquired a right by a grant or prescription.
3. When the land remains in a state of nature, says a learned writer, and by the natural descent, the rain water would descend from the superior estate over the lower, the latter is necessarily subject to receive such water. 1 Lois des Batimens, 15, 16. Vide 2 Roll. 140; Dig. 39, 3; 2 Bouv. Inst. n. 1608.
The superior estate is the highest. In modern vernacular this is the headwaters of the watershed. Everyone else in the watershed gets to take water from someone else.
The U.S. is composed of watersheds (not states). There are no watersheds in any state. If the boundary description of the state doesn't mention watersheds then the state claims none.
http://www.usgs.gov/media/images/watershed-map-north-america