LANDLORD AND TENANT--LIABILITY OF LANDLORD TO ADJACENT OWNER FOR NUISANCES CREATED BY THE TENNANT

Authors

Abstract

L's lands, which occupied the bed and west bank of Santiago Creek, separated P's land from the creek. T held under a lease from L. T excavated for sand, rock and gravel in such a way as to constitute a nuisance. By mutual agreement L and T cancelled the old lease and entered into a new one. Subsequent to the new lease a flood occurred and, as a result of the previously created nuisance, part of P's land was washed away. P sued L. The court instructed that if a nuisance were created during the first lease and was in existence when the second lease was entered into, then L was liable for any damages resulting therefrom. Held, that the instruction was correct. Dennis v. City of Orange (Cal. App. 1930) 293 Pac. 865.

Recommended Citation

LANDLORD AND TENANT--LIABILITY OF LANDLORD TO ADJACENT OWNER FOR NUISANCES CREATED BY THE TENNANT, 29 Mich. L. Rev. 940 (1931).
Available at: https://repository.law.umich.edu/mlr/vol29/iss7/29