The right of enjoyment of private property being an absolute right of every citizen, every act of another which unlawfully interferes with such enjoyment is a tort for which an action shall lie. History. Orig. Code 1863, § 2955; Code 1868, § 2962; Code 1873, § 3013; Code 1882, § 3013; Civil Code 1895, § […]
The unlawful interference with a right of way or a right of common constitutes a trespass to the party entitled thereto. History. Orig. Code 1863, § 2963; Code 1868, § 2970; Code 1873, § 3021; Code 1882, § 3021; Civil Code 1895, § 3882; Civil Code 1910, § 4478; Code 1933, § 105-1410. Law reviews. […]
The owner of any estate in lands may bring an action for libelous or slanderous words which falsely and maliciously impugn his title if any damage accrues to him therefrom. History. Orig. Code 1863, § 2964; Code 1868, § 2971; Code 1873, § 3025; Code 1882, § 3025; Civil Code 1895, § 3883; Civil Code […]
The bare right to possession of lands shall authorize their recovery by the owner of such right, as well as damages for the withholding of such right. History. Orig. Code 1863, § 2956; Code 1868, § 2963; Code 1873, § 3014; Code 1882, § 3014; Civil Code 1895, § 3875; Civil Code 1910, § 4471; […]
The bare possession of land shall authorize the possessor to recover damages from any person who wrongfully interferes with such possession in any manner. History. Orig. Code 1863, § 2957; Code 1868, § 2964; Code 1873, § 3015; Code 1882, § 3015; Civil Code 1895, § 3876; Civil Code 1910, § 4472; Code 1933, § […]
The person having title to lands, if no one is in actual possession under the same title with him, may bring an action for a trespass thereon. If a tenant is in possession and the trespass is one which injures the freehold, the owner or a remainderman or reversioner may still bring the action. History. […]
If two persons claim to have actual possession of the same land, the person having legal title shall be deemed to be in possession and the other person shall be considered a trespasser. History. Orig. Code 1863, § 2959; Code 1868, § 2966; Code 1873, § 3017; Code 1882, § 3017; Civil Code 1895, § […]
Damages for a continuing trespass are limited to those which have occurred before an action is commenced. Subsequent damages flowing from a continuation of the trespass give a new cause of action. History. Civil Code 1895, § 3884; Civil Code 1910, § 4480; Code 1933, § 105-1406. History of Code section. The language of this […]
The owner of land through which nonnavigable watercourses flow is entitled to have the water in such streams come to his land in its natural and usual flow, subject only to such detention or diminution as may be caused by a reasonable use of it by other riparian proprietors. The diverting of the stream in […]
The course of a stream of water underground and its exact condition before its first use are so difficult of ascertainment that trespass may not be brought for any supposed interference with the rights of a proprietor. History. Orig. Code 1863, § 2961; Code 1868, § 2968; Code 1873, § 3019; Code 1882, § 3019; […]
The owner of realty has title downwards and upwards indefinitely; and an unlawful interference with his rights, either below or above the surface, gives him a right of action. History. Orig. Code 1863, § 2962; Code 1868, § 2969; Code 1873, § 3020; Code 1882, § 3020; Civil Code 1895, § 3881; Civil Code 1910, […]
