Street v. Tackett

We are asked to decide which rule of law — the common law rule, the civil law rule, or the modified civil law rule — applies when surface water flows or runs from the property of an upper landowner that is located or situated in an incorporated area onto property of a lower landowner that is situated in an unincorporated area.

John H. Street owns 20 acres of land contiguous to property owned by William and Betty Tackett. The Street property is situated inside the limits of Oxford, Alabama, an incorporated municipality. William and Betty Tackett's land is situatedoutside Oxford in an…