15.2

Question 1

T/F: It’s possible for an activity to be perfectly legal and yet be considered a nuisance

Answer 1

True

Question 2

Interference with an owner’s right to possession =

Interference with an owner’s use and enjoyment of the land =

Answer 2

Trespass

Nuisance

Question 3

T/F: Unless it also interferes with the owner’s use and enjoyment of the land, a trespass probably won’t be considered a nuisance.

Answer 3

True

Question 4

Elements of Negligence
1.
2.
3.
4.

Answer 4

1. Duty: duty to exercise reasonable care
2. Breach of Duty: failure to prevent against reasonably foreseeable harm
3. Causation: must be both actual and proximate
4. Legally Recognizable Harm: scientific uncertainty

Question 5

Comparative negligence

Answer 5

• used by a majority of states
• As long as the P is less negligent than the D, then the P can recover from the D the % of the damages attributed to the D’s negligence

Question 6

Under what theory are most nuisance actions brought to trial?

Answer 6

Intentional tort

Question 7

Interference with an owner’s use and enjoyment of a property, with no physical invasion is a___, but not a ___

Answer 7

Nuisance

Trespass

Question 8

If a neighbor diverts runoff water onto a nearby property, that would involve a physical invasion of the property, so it’s a ____; it would also interfere with the owner’s use and enjoyment of the flooded property, so it’s also a ___.

Answer 8

Trespass

Nuisance

Question 9

T/F: Nuisance per se can considered to be so bad that they can automatically be the basis for a lawsuit even if there’s no prof of injury or harm

Answer 9

True

Question 10

T/F: Buildings used for illegal purposes = ex of nuisance per se

Answer 10

True

Question 11

T/F:Fire hazards, sidewalk obstructions, and hazardous weeds = ex of nuisance per se

Answer 11

True

Question 12

A landowner who is subject to substantial interference with the use and enjoyment of her property may sue for ___ of the nuisance.

Answer 12

abatement

Question 13

___ refers to stopping, reducing, or removing the nuisance.

Answer 13

Abatement

Question 14

Sometimes a court won’t order abatement of the nuisance if abatement would be too expensive or cause unreasonable hardship, but instead declare the problem a _____ nuisance

Answer 14

Permanent

Question 15

T/F: Re: permanent nuisance, The responsible party may be required to pay damages to the affected parties, even though the nuisance is allowed to continue.

Answer 15

True

Question 16

T/F: a landowner may be able to remove or destroy the nuisance, even though it’s on someone else’s proper

Answer 16

True

Question 17

When is Self-help abatement allowed

Answer 17

only if it can be done without committing a breach of the peace or causing an unnecessary injury

Question 18

If a neighbor removes or destroys a nuisance in an unreasonable manner, the neighbor might be liable to the landowner for ____.

Answer 18

Negligence

Question 19

A(n) ___ is an object or structure that extends over a property line onto a neighbor’s property, or overhangs a neighbor’s airspace, without the neighbor’s permission

Answer 19

encroachment

Question 20

The most common case of an encroachment is ___ extending over a boundary.

Answer 20

Tree branches

Question 21

T/F: A court may classify an encroachment as either a trespass or a nuisance, or both

Answer 21

True

Question 22

an encroachment that physically rests on the neighbor’s land (such as Marvin’s shed) violates the right of_____, and therefore is a ____

Answer 22

exclusive possession

trespass

Question 23

An encroachment that extends into a neighbor’s airspace, such as a tree branch, is likely to be considered an ___ with the neighbor’s use and enjoyment of her property, and therefore is a ____

Answer 23

Interference

nuisance

Question 24

T/F: An encroachment will always interfere with the property owner’s rights in some way

Answer 24

True

Question 25

T/F: To successfully sue over an encroachment, the landowner needs to show that the encroachment was intentional, or that it is dangerous or has caused an injury

Answer 25

False Does NOT need to show it was intentional, dangerous or caused injury

Question 26

to successfully sue for an encroachment, The landowner needs to show only that the encroaching structure or object extends over the legal___, without any legal right and without the owner's consent.

Answer 26

boundary line

Question 27

if removing the encroachment is impractical or too expensive, the court may allow it to stay but order the payment of____ damages

Answer 27

compensatory

Question 28

In determining remedies for encroachment, the court will balance the equities in light of the parties' relative ____

Answer 28

Hardships

Question 29

``` Factors the court may consider include whether the encroachment: 1) 2) 3) 4) ```

Answer 29

1) was intentional or unintentional, 2) would be expensive or difficult to remove, 3) would cause real harm by being allowed to continue, and 4) affects the landowner's use and enjoyment of her property.

Question 30

T/F: The adverse possessor's use of the property must be open, not hidden or secret.

Answer 30

True

Question 31

All of the following are requirement for adverse possession, except: a. Actual, open, and notorious possession b. Continuous and uninterrupted possession c. Hostile possession d. Tacking

Answer 31

D. All of these are among the requirements for adverse possession, except tacking. Although an adverse possessor may use tacking to fulfill the statutory time requirement, tacking is not itself a requirement

Question 32

____ Must be adverse to the owner's interests and in disregard of his rights.

Answer 32

Hostile possession

Question 33

A property owner may defeat a possible claim of adverse possession by

Answer 33

giving the possessor permission to be there

Question 34

5 Types of Easements

Answer 34

- Express easement (only one with express agreement) - Implied easement by prior existing use - Easement by necessity - Prescriptive easement - Easement by estoppel

Question 35

utilitarian idea that it is better for land to be used even though it infringes on the rights of the owner.

Answer 35

Prescriptive Easement: policy

Question 36

T/F: A brief return of land owner will disrupt the trespassers claim of adverse possession

Answer 36

True

Question 37

T/F: the same adverse possessor must be in possession for a full five years

Answer 37

False a series of adverse possessors can add their periods of possession together, to add up to five years, so long as their possession isn't interrupted by the rightful owner. ^ tacking

Question 38

a series of adverse possessors can add their periods of possession together, to add up to five years, so long as their possession isn't interrupted by the rightful owner.

Answer 38

Tacking

Question 39

T/F: In some cases, an adverse possessor's use may be considered to be continuous even if he uses the property only periodically

Answer 39

True as long as that's how the property would customarily be used.

Question 40

T/F: If both the property owner and tne adverse predecessor have been paying property tax bills, adverse procession may still be possible

Answer 40

True

Question 41

T/F: If both the owner and the adverse possessor are assessed (billed) for the taxes, it doesn't matter which one pays first. If only the owner is assessed, the adverse possessor must be the first one to pay in order to satisfy the tax requirement.

Answer 41

True

Question 42

how can an adverse possessor be assessed for taxes on a property when he doesn't have a valid deed to it?

Answer 42

anyone can have his name added to the assessment roll for a particular property. All that person needs to do is submit a request to the assessor's office with a sworn statement declaring that he has possession of the property and wants to be assessed the taxes for purposes of a future adverse possession claim.

Question 43

T/F: Title to government-owned property may never be acquired through adverse possession

Answer 43

True

Question 44

T/F: The tax assessor's records would have to show that the Alvarezes' property tax assessments for the five years were based on the mistakenly enlarged property, not based on the original property lines delineated by the legal description that is part of the recorded deed.

Answer 44

Trie

Question 45

If someone built a fence on another’s property and kept it up for 5 years, but didn’t pay property taxes on that land, they cannot claim adverse possession, BUT they May be able to claim a ____

Answer 45

Prescriptive easement

Question 46

T/F: In the case of the fence, If The fence owner cannot obtain a prescriptive easement, the court may order them to take down the fence Or pay the property owners for an easement

Answer 46

True