A lawful use of property becomes unreasonable and unlawful, when such use is to physically invade the property of another owner [i].  If the use of property deprives the adjoining owner of the reasonable enjoyment of his/her property to a material degree, such use becomes unlawful[ii].

In Sussex Land & Live Stock Co. v. Midwest Refining Co [iii], 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.

The court added that the term “reasonable” depends with regard to all affected interests of both the landowner and his/her neighbor and also public policy.  However, there are certain limitations beyond which it cannot be extended.  One of the limitations that are unreasonable and unlawful is to physically invade the land of one owner by another owner.  There can be “no damnum absque injuria” where there is such a trespass.  Thus, an owner who physically invades to the land of another will be held liable.

In Brownsey v. General Printing Ink Corp.[iv], it was stated that a landowner’s use of his/her property is unreasonable and unlawful if it constitutes an appropriation of the adjoining land and if it deprives the reasonable enjoyment of the adjoining owner of his/her property to a material degree.

[i] Sussex Land & Live Stock Co. v. Midwest Refining Co., 294 F. 597 (8th Cir. Wyo. 1923)

[ii] Brownsey v. General Printing Ink Corp., 118 N.J.L. 505 (Sup. Ct. 1937)

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

[iv] 118 N.J.L. 505 (Sup. Ct. 1937)