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S. Iowa | Here in Iowa you would be considered the subservient estate, meaning you have a duty to accept surface water from your uphill neighbor. But his right to discharge water across your property is not unlimited. He cannot discharge in such a manner that causes you damage. My gut reaction in Iowa would be that you can't complain much about conventional tillage, but if he alters the course of the waterway so as to increase the area draining towards you or otherwise increase the intensity or frequency of discharge then you may have a claim for relief. I presume Illinois is similar but haven't read the case law there. | |
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Follow Up on Gooo Tillage
