Alabama Drainage Easement
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FAQ
An easement is defined as ?a legal interest in real property that grants the right to use in some specified manner the property of another.? Easements, also called rights of way, give Alabama Power Company the right to use another landowner's property to construct, operate, and maintain transmission facilities such as ...
Farmers and ranchers should know their rights to use ?waters of the state.? In relation to surface water, Alabama follows the ?riparian? doctrine. Riparian means ?land that touches water.? This doctrine allows a landowner to use any quantity of water from the source if the use is reasonable.
The Common Enemy Rule provides, in general, that because surface water is a common enemy to each landowner, every person may take whatever action they deem necessary to protect his property from surface water, even if such action damages his neighbor. Mitchell, 376 So.
(a) All waters of this state are hereby declared to be public waters if such waters are natural bodies of water such as rivers, creeks, brooks, lakes, bayous, bays, channels, canals or lagoons or are dug, dredged or blasted canals and if these waters traverse, bound, flow upon or through or touch lands title to which ...
The owner of any land that has been assessed for the cost of the construction of any ditch, drain, watercourse or other improvement as provided in this article shall have the right to use the ditch, drain or watercourse as an outlet for lateral drains from said land; and, if said land is separated from the ditch, drain ...
A dam for any gristmill, sawmill, gin, factory or plant to generate electricity by water power to be operated for the public may be erected across any watercourse, not a navigable stream, by the owner in fee of the land on both sides of the stream, or on one side at the place where the dam is proposed to be erected, by ...
