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Show I I POPULAR TALKS ON LAW H I THE AOTS OF YOUR NEIGHBOR. H I By Walter K. Towers, A. B. , J. D., of the Mlahlgan Bar. H Quarrels not Infrequently arise liotwcon H noi&libors. Dirricultles may arise and dis- H putos occur oven though noltlior crossos H tho line that divides his possessions hut H conrlncs hlmsoir strictly to his own prop- H crty. One may do many things on his Hj own proporty which will erroct and annoy H his neighbors. Ho may hum a cheap H grado or soft coal which scatters soot K and smoko ovor his neighbor's promlsos. M Ho may dig a ditch closo to tho line. H which causes his neighbor's land to cave H In with tho result that his barn topples H ovor. Or ho may build an unsightly shod, H close to tho street, which seriously arrocts H tho appearance or Ills neighbor's premises H and shuts orr the light and air rrom tho H house. Still again, ho may blast some H stumps, and pieces or rock may rly across m tho line or his property and kill his noigh- H bor's cow. So It is, that ono orton has need to know or his rights against a B neighbor who has done things on his own H property to tho injury or tho man who H owns tho property noxt to bis. Those H are questions of tho rights or adjoining IH landowners. H Wo bavo heard that an Englishman's Bj house Is his castle and it Is a gonoral rule H or law that ono has tho widest control B ovor his own property and may do with H It about as ho pleases. But thoro nro H certain rights or his neighbor In partlcu- H lar, as woll as or the public as a whole, H which must be recognized and rospected. H In so Tar as possible one must uso his own H property In such a manner as not to do ln- H Jury to tho proporty or his neighbor adjoin- B lng. Ono must onjoy his own property H but he must enjoy it In such a mannor as 2 not to lnjuro tho proporty or another. Hut this rule cannot bo absolutely onrorced Tor H It is limited by tho largor prlnclplo bororo H statod that ono Is supreme In bis own K dominions. So ir ono makes use or his H proporty which Is legitimate and yet M which cnusos injury to his neighbor that H neighbor must surrer without legal rc- H dross. It all depends on whether tho use H Is JustUicd. H Whoro ono wishes to blast with powcr- H rul explosives on his own premises In the H Improvement thoroor he Is bound to pro- H ceed with all posslblo enro and caution H and ir ho does not do so ho Is responsible H Tor any Injury which may result to tho H proporty adjoining, ir ho hires another H Xp do tho work under his direction he is H still liable ror any Injury resulting rrom H any lack or caution or propor execution H or tho work, so that It Is not under his PH own control and dlroctlon, ho is not liable H for tho contractor's raults, unless ho know H that tho contractor was to proceed In an H Improper mannor. Some states under H certain circumstances have held that one H is absolutely Uablo ror the results or i blasting on his premises whether he has H' boon In any way at rault or not. This H view has boon tokon in cities where It is H frequently Insisted that tho use or high H oxploslvos on a city lot Is an unreason- Ht able, unusual and unnatural uso or prop- H orty and ror such uso he must answer to H bis injurod nolghbor, whether there has H' boon any lack or care or not. Blasting H in unsottlod communltloB, away rrom H buildings with tho usual and proper prp- Hj cautions Is not unusually hold to be an un- H roasonable uso or proporty Tor which tho H person blasting Is answerable, unless he H procoodod with lack or caution. A H landowner may secure an Injunction to H prevent a nolghbor rrom blasting without H the uso or usual and prudent safpguards H Whothor one keeps his own premises H in ropalr or not is generally an affair or H his own, yot 1 he falls to keop his prem- H lses In propor repair and, because or this, H neighbor as through rail or his barn H lie must answer ror It. This rule applies H to those owning adjoining tracts or land, Hj tut not or thoBo who own separate parts H or tho samo building Thus one may own H the first floor of a building ana anotlitr tho second. Neither Is bound, In tho obsonco or spoclal agrccmont, to keop his portion In ropalr so that Injury may not rosult to tho other portion. IT tho ownor or tho uppor portion rails to koop tho roor in repair and rain lnjuros tho property prop-erty or tho owner or tho lower hair thorc Is no liability. Every landowner owos to his nolghbor what Is known in law as latoral support. That is, In digging a ditch, or making a oxcavatlon, closo to tho lino, tho person doing tho digging must seo to it that support sup-port is not withdrawn rrom his neighbor's neigh-bor's land so that it will cavo in or be woakenod In any way. Neither landowner land-owner may withdraw tho. support rrom tho other's land. This does not moan that ono may not excavate, but it means that ho must by means or a wall, or by props, support tho other's land so that It will not tumble down, ir he rails to do this ho Is responsible Tor all resulting injury. The support that Is owoa to the land or tho nolghbor is support to tho land in its natural condition, that Is unincum bered by tho wolght or buildings. Thus IT opo excavates on his own property, and tho land or his neighbor on which a houso Is situated caos In, ho Is responsible respon-sible ror tho resulting Injury ir the excavation exca-vation would have caused the land to cavo in bad no house rested upon it But ir tho land would not bavo caved In but Tor the wolght or tho building upon It the porson digging has not violated tho duty or latoral support to the land in its natural condition and is not re sponsible. "Tho right to oxcavato does not relieve tho landownor rrom tho duty to take roasonablo precautions and isarry on the work with duo caro. Ho must exercise ordinary skill and care to avoid lnjurv to adjoining land upon which there are buildings. In many states statutes "nave bcon onactod which govern tho making or excavations, limit the depth, speciry tho precautions which must bo taken, otc. Usually these statutes requlro that notice bo glvon to the owner or tho adjoining ad-joining property or the Intended excavation exca-vation so that buildings may bo protected Whether there Is a statute or not this ls a wise precaution. In tho absence or some special restriction restric-tion ono may build almost any sort or a striieturo that ho dosiros on his property and In any location so long as ho kepps It within tho boundaries or his property. Ho owos no duty to his neighbor not to shut orr tho light or air rrom a structure on" tho adjoining premises. This Is the gonerol rulo. Thero may bo somo restriction re-striction applying to tho particular premises, prem-ises, Imposed by the transfer or some previous ownor, which regulates the kind or a structuro which moy built, whore it may bo built and Tor what purpose It may bo usod. Thoro may bo a municipal munici-pal ordlnanco regulating tho sort or building that may be built within certain cer-tain limits, and ir so it must bo corn-piled corn-piled with. Bororo yo plan to erect a structuro or buy land with vlow to erecting a structuro bo sure that you know what the restrictions arc "Splto houses" are, generally speaking, within the law One may build any sort or structure ho will, In tho absence or restrictions, re-strictions, and tho law will not Inquire into his motives. The air must not he unreasonably polluted by smoke, gases or odors. Whether any use Is unreasonable de-ponds de-ponds upon tho particular circumstances or that gonerol location. Tho polutlon must bo so sorlous as to intorforo with the ordinary enjoyment or lire or thf comfort or existence berore the law will lntcrrere. In the absence or smoke ordinances ordi-nances one may, generally, burn any kind or coal he wishes to. ir onu keeps dangerous and unusual things -upon -hhr-prcmlsos", "as stores" trf" 1" high cxploslvosi ho is responsible ror? any I injury fiicTi .mayO'oStfU ta a f)oghbor. as this Is regarded as" an unreasonable 1 uso. Tho use one makes or his promises I must bo that oT an ordinarily careful, I prudent and normal .person. (Copyright 1013, by Walter K. Towers). |