Subsidence of Land Caused by Withdrawal of Percolating Water is Actionable on the Theories of Negligence and Nuisance in Fact
Date
1977
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Texas Tech Law Review
Abstract
Examines the Texas Court of Civil Appeals for Houston’s case Smith-Southwest Industries v. Friendswood Development Co. In Smith-Southwest Industries, the court held “(1) that a landowner is liable for subsidence of neighboring land caused by his negligent withdrawal of percolating water and (2) that subsidence of land caused by the withdrawal of percolating water may become a nuisance in fact if the subsidence seriously interferes with another landowner's use and enjoyment of his land.” The author lauds the abandonment of the English Rule.
Description
Keywords
English Rule, Water law, Negligence, Nuisance, Subsidence, Percolating water, Smith-Southwest Industries v. Friendswood Development Co., Case note
Citation
9 Tex. Tech L. Rev. 392