A landowner can use his/her property that can lead to some inconvenience to his/her neighbor [i].  However, a landowner has no right to cause real damage to his/her neighbor.  Therefore, a landowner is exonerated from liability for injuries caused to an adjoining owner when s/he makes a “reasonable use” of his/her property[ii].

In Deville v. Rapides Area Planning Comm’n [iii], the court observed that a landowner can use his/her property that can create some inconvenience to his/her neighbor  However, a landowner cannot use his/her rights in such a way to cause real damage to his/her neighbor.

Thus, a land owner is relieved from liability for injuries caused to an adjoining owner if the land owner makes a “reasonable use” of his/her property.  If the landowner’s use satisfies the test of reasonableness, any incidental injury to the landowner’s neighbor is “damnum absque injuria” which means loss without injury.

However, in Sussex Land & Live Stock Co. v. Midwest Refining Co [iv], the downstream property owner alleged that he was affected by the  pollution from the upstream oil driller.  Whereas, the upstream oil driller contended there were damages without a wrongful act.  The court observed that if the use of the land affects others, such use has to be reasonable to escape liability.  The court held that the rule which allows a person to use his/her own property in such a manner to cause injury to another’s property without any liability should be narrowly limited and carefully defined.

[i] Deville v. Rapides Area Planning Comm’n, 715 So. 2d 577 (La.App. 3 Cir. June 8, 1998)

[ii] United Fuel Gas Co. v. Sawyers, 259 S.W.2d 466 (Ky. 1953)

[iii]715 So. 2d 577 (La.App. 3 Cir. June 8, 1998)

[iv] 294 F. 597 (8th Cir. Wyo. 1923)