Ch 15.1

Question 1

A trespass may involve ____, a nuisance may ____, and an encroachment may be ____.

 Choose from the following:
A trespass
A nuisance 
An encroachment
Either

Answer 1

Nuisance
Trespass
Either

Question 2

____ is an unlawful entry onto another person’s property without permission or legal authority.

Answer 2

Trespass

Question 3

T/F: trespass is a tort

Answer 3

True

Question 4

Any violation of a landowner’s exclusive right to possession is a ___ and can also uncle the physical invasion of someone else’s property by a(n) _____

Answer 4

Trespass

Object

Question 5

A motor home parked over a boundary line with the owner unwilling to move is an example of a ____

Answer 5

Continuing trespass

Question 6

T/F: A landowner does not need to post a “No Trespassing” sign or erect a fence in order to be protected against trespassers

Answer 6

True

Question 7

T/F: A judge or jury is more likely to find a trespasser liable for her acts if she ignored a sign or fence

Answer 7

True

Question 8

T/F: Signs and fences also can affect whether a trespasser is subject to criminal prosecution.

Answer 8

True

Question 9

T/F: There must be physical damage to the property in order for the trespasser to be liable to the landowner.

Answer 9

False

Question 10

Why is trespass always a tort?

Answer 10

because the violation of the right to exclusive possession is, in itself, the harm

Question 11

the act itself is wrong and may be the basis for a lawsuit even if there is no ____ damage

Answer 11

Per se

Question 12

T/F: trespass is actionable per de

Answer 12

True

Question 13

___: A landowner in California may be liable for injuries suffered by a person on his property, whether the injured person was there legitimately or was trespassing

Answer 13

Premise liability

Question 14

T/F: Premises liability protects trespassers

Answer 14

True

A landowner in California may be liable for injuries suffered by a person on his property, whether the injured person was there legitimately or was trespassing.

Question 15

A(n) ____ nuisance is a dangerous object or condition that may be particularly attractive to children

Answer 15

Attractive

Question 16

A nuisance = any activity or conduct that substantially interferes with an owner’s ___ and ___ of her property.

Answer 16

Use

Enjoyment

Question 17

T/F: A nuisance may be public or private

Answer 17

True

Question 18

What are two types of PRIVATE nuisances?

Answer 18

1) Nuisance per se

2) Nuisance in fact (Intentional or Unintentional

Question 19

What are the three typical situations of a public nuisance?

1) interferes with ___ & ___
2) Breaks a law/statute/____
3) conduct is of a ____ nature or has produced a permanent or long-lasting effect

Answer 19

Health and safety
Ordinance
Continuing

Question 20

True/False: Both unintentional and intentional nuisances fall under the category of nuisance per se

Answer 20

False

They fall under Nuisance “in fact”

Question 21

What is the standard an intentional private nuisance is held to?

Answer 21

Unreasonableness: causes substantial interference with use and enjoyment

Question 22

What is the standard an unintentional private nuisance is held to?

Answer 22

Strict liability standard: Negligent, reckless, or ultrahazardous

Question 23

What are attributes of “public rights” (those infringeable by a public nuisance)?

Answer 23

collective rights of all members of general public: public peace, safety, comfort and convenience (not individual)

Question 24

What must an INDIVIDUAL suffer in order to file suit for a public nuisance?

Answer 24

must have suffered a different KIND of harm from general public (not greater degree of harm) and it must be significant

Question 25

What are the elements of a “private nuisance”?

Answer 25

1) the use of one’s property encroaches upon
2) another’s interest in the
3) private use and enjoyment of their land.

Question 26

What is the duty of Lateral & Subjacent Support?

Answer 26

Duty to support the natural part of the land with respect to your neighbors next to you (lateral) or neighbors with rights to subsurface land (subjacent). Liability is absolute in negligence

Question 27

When are permanent damages more appropriate than an injunction

Answer 27

When the injury resulting from the nuisance are significantly LESS than the economic benefit derived from the party causing the harm (balancing the equities )

Question 28

What is the biggest difference between a public and private nuisance?

Answer 28

Generally degree: private nuisance affects a single individual or a definite small number of persons in the enjoyment of private rights not common to the public. A public nuisance is one affecting the rights enjoyed by a considerable number of people or an entire community or neighborhood

Question 29

What are the four ways to resolve a nuisance claim?

Answer 29

1. Grant an injunction (Morgan, Estancias)
2. Allow activity to continue if D pays damages (Boomer),
3. Stop activity if P pays damages (Spur),
4. Nothing

Question 30

When is the injury a “nuisance per se”?

Answer 30

Physical injury or property damage occured

Question 31

Nuisance per se

Answer 31

a nuisance in and of itself, at all times, under all circumstances, and regardless of the surrounding land uses.

Question 32

T/F: A nuisance per se always involves a violation of a statute or ordinance

Answer 32

True

Question 33

An improvement on once parcel of real estate which extends onto real estate owned by another

Answer 33

Encroachment

Question 34

An easement granted to a neighbor allowing them to maintain an improvement encroaching on another owner’s property.

Answer 34

Equitable easement

Question 35

Any activity specifically declared by statute to be a nuisance, such as construction of fences of excessive height or the illegal sale of controlled substances.

Answer 35

Nuisance per se

Question 36

A determination of whether a nuisance exists when an activity is not classified as a nuisance per se.

Answer 36

Balancing of rights

Question 37

A type of easement granting one property owner the right to traverse a portion of another’s land to access the property.

Answer 37

Easement for Ingress and Egress

Question 38

Certain types of __ trespasses are crimes under the state Penal Code.

For these acts, a trespasser may also face prosecution, in addition to being sued by the landowner.

Answer 38

Willful

Question 39

It is a criminal act, for example, to willfully enter land without written permission if the land is under cultivation, fenced, or if adequate “No Trespassing” signs are posted (a sign on each road or trail that enters the land, plus ___ signs for each mile of boundary).

Answer 39

3

Question 40

T/F: there are also situations when a property owner may be liable to a trespasser for damages.

Answer 40

True

Question 41

When someone enters a person’s land and is injured by conditions on the property that result from the landowner’s negligence, the landowner may be liable.
This is an example of ___

Answer 41

Premises liability

Question 42

T/F: in CA, if someone is injured on another’s property due to the owner’s negligence, the landlord is liable if the injured person was on the property legitimately AND the landlord may also be held liable if the person was a trespasser

Answer 42

True

Question 43

Under the theory of ____ negligence, the landowner and a willful trespasser may share in the liability

Answer 43

Comparative

Question 44

An unfenced swimming pool may be a(n) ____ nuisance.

Answer 44

attractive