class 12

Question 1

Private nuisance

Answer 1

one land possessor is using their own property in a way that interferes with the use of another land possessors property- the conduct is on the D’s property. Usually relates to things like noise, lights, smoke, smell, dust. traveling from D’s property to P property

A substantial and unreasonable interference with the use and enjoyment of the land in the possession of another.

Nuisance claims are judged on a balancing test: benefit and utility to society v. the detriment suffered by the P. Look at nature of the property, nature of the location, nature of the use/purpose by the D, nature of the use/purpose by the P

Question 2

injunction for a temporary nuisance

Answer 2

irreparable injustice or inadequate remedy at law- property is unique
balance of the hardships- balance looks at the cost to the D to comply
public interest- balancing competing land uses soo the public interest likely will always be involved
what is the social utility of the D use
tailored injunction
conditional injunction: you can do something else but if you dont comply, you will be enjoined