Kral v. Boesch

557 N.W.2d 597, 1996 Minn. App. LEXIS 1442, 1996 WL 734349
CourtCourt of Appeals of Minnesota
DecidedDecember 24, 1996
DocketC9-96-1226
StatusPublished
Cited by6 cases

This text of 557 N.W.2d 597 (Kral v. Boesch) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kral v. Boesch, 557 N.W.2d 597, 1996 Minn. App. LEXIS 1442, 1996 WL 734349 (Mich. Ct. App. 1996).

Opinions

OPINION

HARTEN, Judge.

Respondent Alan Krai commenced this declaratory action against appellant Ralph Boesch asserting (1) that he was entitled to a prescriptive easement to drain surface water through drainage tile on the neighboring Boesch property, (2) that Boesch was obliged to restore the tile line, (3) that he was entitled to enjoin Boesch from future interference with the tile system, and (4) that Boesch be held liable for tile line repair and Krai’s crop loss. Following a March 1, 1996 trial, the district court ordered judgment on findings of fact and conclusions of law denying Krai’s demand for a prescriptive easement, but, by application of the doctrine of reasonable use, granting Krai injunctive relief and damages for crop loss due to flooding caused by the obstructed tile line.

Boesch moved for amended findings of fact and conclusions of law. On May 15,1996, the district court denied the motion. Boesch appealed the judgment and Krai noticed review challenging the district court’s determination that he was not entitled to a prescriptive easement.

FACTS

Respondent Krai and appellant Boesch own neighboring tracts of Brown County farmland. During the spring of 1993, problems developed with drain tile located on the Krai property and connected to drain tile running across the Boesch property. The problems arose when LaRay Krai, respondent’s father, created a channel to drain surface water from the Krai property to a tile intake bordering the parties’ properties. The intake was a vertical span of tile standing about two feet above the ground. Krai apparently lowered this intake in order to allow the channel water to flow into it. Each party testified that he believed the intake was on his property; but neither party surveyed the property to determine the actual property line. When Boesch discovered the channel and modification of the intake, he raised the intake to keep water out. He also plugged the intake with cement, thereby completely blocking the flow of air and water through the tile system. Blocking the intake caused surface water to stand in three areas of the Krai property, which resulted in crop damage.

ISSUES

1. Did the district court err in determining that respondent was entitled to relief under the reasonable use doctrine?

2. Did the district court properly award damages to respondent?

3. Did the district court err in deciding that the law governing prescriptive easements is inapplicable to the determination of Krai’s right to drain surface water through Boesch’s tile system?

ANALYSIS

A district court’s findings of fact will not be reversed on appeal unless clearly erroneous. Minn. R. Civ. P. 52.01. “The [district court’s] findings on reasonable use will not be disturbed on appeal unless they are clearly erroneous.” Evers v. Willaby, 444 N.W.2d 856, 859 (Minn.App.1989) (citing Miles v. City of Oakdale, 323 N.W.2d 51, 54 (Minn.1982)). A clearly erroneous finding is one that is palpably and manifestly against the weight of the evidence. Enderson v. Kelehan, 226 Minn. 163, 169, 32 N.W.2d 286, 289-90 (1948) (involving surface drainage rights).

1. Application of Reasonable Use Doctrine; Injunction

Minnesota follows the “rule of reasonable use” with regard to diversion or obstruc[599]*599tion of surface water. Evers, 444 N.W.2d at 859.

[T]he rule is that in effecting a reasonable use for a legitimate purpose a landowner, acting in good faith, may drain his land of surface waters and cast them as a burden upon the land of another, although such drainage carries with it some waters which would otherwise have never gone that way * * * jf
(a) [t]here is a reasonable necessity for such drainage;
(b) [r]easonable care be taken to avoid unnecessary injury to the land receiving the burden;
(c) [t]he utility or benefit accruing to the land drained reasonably outweighs the gravity of the harm resulting to the land receiving the burden;
(d) [w]here practicable, it is accomplished by reasonably improving and aiding the normal and natural system of drainage according to its reasonable carrying capac-
• ity, or if, in the absence of a practicable natural drain, a reasonable and feasible artificial drainage system is adopted.

Duevel v. Jennissen, 352 N.W.2d 93, 96 (Minn.App.1984) (quoting Enderson, 226 Minn, at 167-68, 32 N.W.2d at 289). In determining reasonableness, a court should consider the extent of harm caused, its foreseeability, and the landowner’s motive for the action taken. Miles, 323 N.W.2d at 55. No one factor or circumstance is controlling and what is a reasonable use is a fact question to be resolved depending on the facts of each case. Pell v. Nelson, 294 Minn. 363, 366, 201 N.W.2d 136, 138 (1972).

Boeseh does not challenge the district court’s factual findings concerning reasonable use, but rather, he argues that the reasonable use doctrine should not be applied because the district court did not make provisions for increased use of the tile system or allocate costs for maintaining the system.

The reasonable use doctrine has been applied to allow a landowner to drain his land by ditching or tiling as long as the interference with the surface water is reasonable. See id. at 367, 201 N.W.2d at 139 (owner may drain surface water from property by tiling).

We have also extended the reasonable use doctrine to drainage systems (such as the one at hand) and held that a property owner has the right to drain his land into an adjoining owner’s drainage system. Evers, 444 N.W.2d at 860.

In the instant case, the reasonable use doctrine answers each of Boesch’s challenges to its application. Boesch’s concern about Krai’s increased burden on the system is governed by the reasonable use doctrine. It entitles Krai to drain water into the tile system, provided the drainage remains reasonable; Boeseh has the burden of proving that Krai’s use of the system is unreasonable. See id. (rule of reasonable use permits other landowners to subsequently attach to existing drainage systems as long as the use is reasonable; use is reasonable absent evidence of damage to neighboring owner’s property). There was no evidence indicating that the additional water drained from the Krai property caused surface water problems on the Boeseh property. Furthermore, the legal remedy for a downstream owner who is burdened by unreasonable drainage of surface water is an action for damages. See Pell, 294 Minn, at 367 n. 2, 201 N.W.2d at 139 n. 2 (liability for drainage of surface water is incurred only for unreasonable interference); Sachs v. Chiat, 281 Minn. 540, 545, 162 N.W.2d 243, 246 (1968) (quoting Stanley v. Kinyon & Robert C. McClure, Interference With Surface Waters, 24 Minn L.Rev.

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Cite This Page — Counsel Stack

Bluebook (online)
557 N.W.2d 597, 1996 Minn. App. LEXIS 1442, 1996 WL 734349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kral-v-boesch-minnctapp-1996.