A land owner is expected to use his/her 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.

All property owned and used is subjected to the laws of the land and can be used as its owner desires but reasonably in such a way that will not affect the public and private rights of others[iii].

However, compliance with a zoning ordinance will not immunize one from the consequences of an unreasonable use of one’s property that results in the invasion of the private rights of his/her neighbor[iv].

A statute can allow a neighbor temporary access to an adjoining landowner’s property to make necessary repairs.  For example, in South Carolina, an owner is temporarily allowed to access the adjoining landowner’s property to improve, repair or maintain the owner’s property[v].  However, the property must not fall into such disrepair as to threaten the health and safety of the public.

[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] Saadeh v. Stanton Rowing Found., Inc., 912 So. 2d 28 (Fla. Dist. Ct. App. 1st Dist. 2005)

[iv] De Nucci v. Pezza, 114 R.I. 123 (R.I. 1974)

[v] S.C. Code Ann. § 15-67-270