Adjoining land owners carry certain mutual rights, duties and liabilities.  A land owner is expected to use their property reasonably without injuring the rights of the adjoining land owner[i].  The enjoyment should not unreasonably interfere or disturb the rights of adjoining landholders or create a private nuisance[ii].  Thus, a land owner can use his/her property according to his/her will upon the condition that such use will not injure any adjoining landowner.

If the acts of a landowner are within his/her legal rights, the motives that compel him/her to do certain things on his/her own land is immaterial[iii].  At the same time, a landowner does not have the right to relieve his/her own property of an adverse condition by causing a similar condition on the land of a neighbor.

In Martin v. Schwertley, 155 Iowa 347 (Iowa 1912), defendants cut some openings through a highway embankment to allow surface water to flow upon and across the land of the plaintiff.  As a result, the growing crops of the plaintiff were seriously injured.  The court ruled in favor of the plaintiff allowing the plaintiff damages.

[i] Reaver v. Martin Theatres of Florida, Inc., 52 So. 2d 682 (Fla. 1951)

[ii] Abbinett v. Fox, 103 N.M. 80 (N.M. Ct. App. 1985)

[iii]Paola Lodge I. O. O. F. v. Bank of Knob Noster, 238 Mo. App. 96 (Mo. Ct. App. 1943)