Sakansky v. Wein

In this state the respective rights of dominant and servient owners are not determined by reference to some technical and more or less arbitrary rule of property law as expressed^ in some ancient maxim, (Franklin v. Durgee, 71 N. H. 186, 189; Horan v. Byrnes, 72 N. H. 93, 97), but are determined by reference to the rule of reason. The application of this rule raises a question of fact to be determined by consideration of all the surrounding circumstances, including the location and uses of both dominant and servient estates, and taking into consideration the advantage to be derived by one and…