Hansen v. Alberts

ACTION

Clyde C. Hansen (Hansen) appeals a judgment issued on his application for a preliminary injunction. We reverse and remand.

FACTS

Hansen and Thomas Alberts (Alberts) owned adjoining agricultural property. Al-berts’ land was dominant over Hansen’s and water drained from Alberts’ property over Hansen’s property. A fence line separated the two tracts of land and over the years the accumulation of “blow dirt” along the fence line restricted the flow of water from Alberts’ property to Hansen’s property. Alberts eventually had the fence line cleaned out with a backhoe which resulted in an…