Hendricks v. Stalnaker case brief

Hendricks v. Stalnaker
Property Law Case Brief

Overview of the Case:
-Stalnaker (D) drilled a well located within 100 feet of land owned by Hen- dricks (P).
-Hendricks needed to install a septic system on his land, but health regulations forbade him from doing so because of the proximity of the well.

Case Facts:
-Stalnaker (D) had drilled two wells on his land, one of which was within 100 feet of land owned by Hendricks (P).
-Only this latter well produced usable water.
-Hendricks needed to install a septic system on his land, but local health regulations forbade him from doing so because the system, which would be located within 100 feet of Stalnaker’s well, would create a risk of contaminating the well.
-Hendricks, having no alternative to the planned septic system, claimed that Stalnaker’s well constituted a nuisance.

Issue:
Does a well whose proximity prohibits the installation of a septic system con- stitute a nuisance to the land on which the septic system would be located?

Holding:
The well is not a nuisance.

Analysis:
Because the well interferes only with the use of adjacent private land rather than the public at large, it amounts to at most a private nuisance. A particu- lar use of land constitutes a private nuisance when it is (1) intentional and (2) unreasonable. Stalnaker’s well is plainly an intentional use of the land, so the only question is whether it is an unreasonable use as well. While Hendricks claims that the proximity of the well interferes with the installation of a septic system, the opposite argument would also be valid. The septic system, had it been installed first, would have prevented Stalnaker from drilling his well. In fact, the septic system arguably constitutes a greater interference than the well because the former creates a risk of invasive contamination. Therefore, the Hendricks have not shown that Stalnaker’s well is an unreasonable use of the land. No nuisance exists.

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