Tanner v. Volentine

Citations

• 75 Ill. 624

Syllabus

<p>1. Flowing water upon the land of another. It is well settled that if the owner of a building causes the water to flow from the roof upon the lot or ground of another, such other may recover of him for the damages sustained, unless prevented by some agreement.</p> <p>3. The Owner of land, unless restrained by covenant or custom, has the complete control of the soil, together with the space above and below the surface, so far as he may choose to use it, yet he has no right to injure the property of the adjoining owner. He has no right to flood the property of his neighbor with water from his buildings, and thus destroy its usefulness.</p> <p>3. Statute of frauds — license to flood lands. The right to flood the land of another, whether from the dripping from the roof of a building or otherwise, is an interest in the land, and a parol license or agreement giving such right is within the statute of frauds, and void. Such a license is revocable at any time.</p>