Interference With Possession or Use of Land Flashcards
Where there is a physical invasion of real property, including airspace (subject to FAA rules.)
Trespass
Where the use or enjoyment of real property is disturbed even in the absence of a physical invasion
Nuisance
Although trespass is most often viewed as an intentional tort, both trespass and nuisance may be based on _________ __ __________ _________
negligent or reckless behavior
Does not require actual damages to be actionable as an intentional tort; Some compensatory damages are required, however, in order to award punitive damages
Mistake as to ownership is not a defense
Standing belongs to anyone entitled to possession or even future possession
Permission to enter or invade land may be terminated.
Trespass
Protects use and enjoyment of private property against unreasonable interferences
Private Nuisance
Protects interests in property that are common to the public (such as health, safety, comfort, and convenience) against unreasonable interferences
Public Nuisance
Need not involve a physical invasion
Must be an unreasonable interference
Requires significant harm
Nuisance
_________ nuisance is a doctrine related to premises liability and not nuisance as defined
Attractive
One in possession or one who has right to possession
Standing
Harm that would be suffered by a normal person in community and to property in a normal condition and used for normal purposes; and
That would be deemed significant to said person and to such property
An interference with a potential use or the likelihood of interference may be sufficient
Private Nuisance
Must balance competing interests of plaintiff, defendant, and society at large
May be defined by statute; Compliance with a statute is not dispositive
Private Nuisance
Unreasonable Conduct
Economic/Recreational Activities v. Illegal Activities
Motive, e.g., spite fence
Financial
Appropriateness of Activities
Aesthetics
Failure to use technically/economically sound means of avoiding harm
Whether P came to nuisance
Severity of harm inflicted outweighs utility of D’s conduct
Private Nuisance
Factors
P must establish tortious conduct, significant harm, and unreasonableness under the circumstances
Some Tortious Conduct (intentional, negligence, recklessness, strict liability)
Public Nuisance
Private Nuisance
Differs from private nuisance because interferes with a right common to the public, e.g., air and water pollution, obstruction of highways, construction of public stadium
Public Nuisance
Generally only authorized public officials may sue on behalf of public.
Private person(s) may sue for a public nuisance if can establish that they suffer from a harm different in kind from general public
Avoids multiplicity of suits
Avoids thwarting public policy of state
Standing
Public Nuisance
