It is the duty of the landowner to utilize his/her property in a reasonable manner avoiding injury to the adjoining property or causing unreasonable harm to others in the vicinity.  Accordingly, liability may be imposed on an adjoining landowner or lessee if that individual creates a dangerous condition.

In Reaver v. Martin Theatres of Florida, Inc [i], it was observed that a property owner can put his/her own property to any reasonable and lawful use, so long as s/he does not deprive the adjoining landowner of any right of enjoyment of his/her property.  However, the landowner must exercise due regard for the interests of others who can be affected by the activities of the landowner in his/her property.

A person is entitled to make a reasonable use of his/her property[ii].  The test of the permissible use does not solely depend on factors such as use or act causes injury, injury resulted from natural consequence or nuisance [iii].  Rather, the test of permissible use is determined by considering factors like reasonable exercise of dominion over the property, interests affected of the property owner and his/her neighbors and public policy.

The principles of the law of negligence ascertain the question of reasonable use.  The reasonable use of land by an adjoining landowner is determined by considering the circumstances of each case.

[i] 52 So. 2d 682 (Fla. 1951)

[ii] Hall v. Wood, 443 So. 2d 834 (Miss. 1983)

[iii] Gellenthin v. J. & D., Inc., 38 N.J. 341 (N.J. 1962)