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Objects or Substances Falling, Dropping, or Blowing onto Adjoining Land

Adjoining land owners, who own lands that share common boundaries have mutual rights, duties, and liabilities.  The reciprocal rights and obligations of adjoining landowners existed at common law but is modified by various state laws and court decisions.  When objects or substances persistently fall, drop, or are blown onto adjacent land causing property damage, one may be entitled to legal relief.

A neighbor who maintains their property in such a way as to cause harm to an adjoining piece of land may be found responsible for any damage that results.  Examples include:

  • A pile of dirt that slides down to a property below
  • A smokestack that deposits cinders and other substances on a nearby property
  • A portion of a retaining wall falling onto an adjoining property
  • A pile of lumber falling onto a neighbor’s property
  • Dust and weeds blow from a farm onto adjoining land

The persistent falling or dropping of objects or substances from one’s property onto adjoining property causing injury constitutes a nuisance[i].  Thus, it is held that a landowner has been held liable in negligence for damages to other property from the sliding of dirt piled on his or her land[ii].

One who piles lumber on his or her land which is blown onto adjoining premises may also be held liable for the resulting damage if he or she did not exercise due care to prevent the injury[iii].  However, there are cases, where a landowner engaged in farming has been held not liable for damages caused by the blowing of soil and weeds onto adjacent land[iv].


[i] Central Iron & Coal Co. v. Vanderheurk, 147 Ala. 546, 41 So. 145 (1906); Baltimore & O.S.W.R. Co. v. Quillen, 34 Ind. App. 330, 72 N.E. 661 (1904); Kestner v. Homeopathic Medical & Surgical Hospital of Reading, 245 Pa. 326, 91 A. 659 (1914)

[ii] McArthur v. Balas, 402 Pa. 116, 166 A.2d 640 (1961)

[iii] Bishop v. Readsboro Chair Mfg. Co., 85 Vt. 141, 81 A. 454 (1911)

[iv] Preston v. Schrenk, 77 Idaho 481, 295 P.2d 272 (1956)


Inside Objects or Substances Falling, Dropping, or Blowing onto Adjoining Land