Law For The Farm
(Page 2 of 3)
November/December 1973
By the Mother Earth News editors
Surface 'Water; Noxious Weeds': 1. Has one farmer a right to turn surface water from his land on to that of his neighbor when it may be carried off over his own; and if not, what is the remedy? 2. Has a farmer any redress at law against a neighbor who does not destroy all kinds of weeds on his own farm?
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Pennsylvania. J. K. H.
1. Ordinary improvements or changes on one's own land, which cause surface water to run off on to that of a neighbor, are not actionable, but where the surface waters are collected and cast in body upon the adjoining proprietor, this constitutes a nuisance for which remedy lies by action for damages or injunction. 2. Tire failure to keep one's own land free of weeds scarcely constitutes such a nuisance as twill give the adjoining owner legal redress.
Water Right: By an unrecorded written contract, B. obtained from A. the right to pipe water for twenty years from a spring on A.'s land. The contract expired several years ago, and about.the same time B. boarded up spring on A.'s land, so that in wet weather water overflows about two acres of A.'s land,which he has recently sold to C. Has C. any redress, B. having obtained water front the spring for over twenty years? M., New ] o rk.
The contract having expired without renewal B. has no longer the right to pipe water front C.'s land, and can be enjoined from so doing. The lapse of twenty years does not in this case affect the rights of the parties, since the water right was exercised by reason of the contract, and not merely by sufferance of A. and C., nor adversely to them.
Husband and Wife: I live with mywife and son on a farm which belongs to my wife, but which is worked by my son and myself. So long as I behave myself, has mywifethe right to turn me out of doors without remunera tion? W. C., Michigan.
In your state married women may hold and enjoy their separate property and make contracts in regard to the same as if unmarried. You are entitled to the same rights as any other tenant. Further, it is tire husband's duty to support his wife and provide a home for her ; if, having performed his duty in this respect, she refuses to live with him, he may in due ime secure a divorce.
United States Revenue Law : I am a farmer employing from one to three hands; they all use tobacco and whenever I go to the city want me to bring them a paper, plug or other small quantity. If I should uy a dollar's worth at a time, and furnish it to the hands as they want it, would this constitute a violation of the United States revenue laws?
Connecticut.CONSTANT READER.
Buying tobacco to sell again without license is illegal, but if your hands authorize you to buy tobacco for them and reimburse you out of their wages, you can do so without violation of the law.
