Judicial Land Control- Nuisance

Question 1

Nuisance

Answer 1

a non-trespassory invasion of another’s interest in the use and enjoyment of land.

Question 2

Private Nuisance

Answer 2

A non-possessory trespass that substantially and unreasonably interferes with the use and enjoyment of the land of another.

Question 3

Public Nuisance

Answer 3

A non-possessory trespass that unreasonably interferes with the health, safety, or property rights of the public.
-More widespread impact.
- can be brought only by a public prosecutor or by a private plaintiff who was specifically affected by the harm.

Question 4

RT balancing analysis

Answer 4

A showing of unreasonableness by balancing the gravity of the harm, and the utility of the conduct.

Question 5

RT balancing analysis- gravity of harm

Answer 5

a. the extent of the harm involved
b. the character of the harm involved
c. the social value of the particular use or enjoyment invaded to the character of the locality, and
d. the burden on the person harmed or avoiding the harm.

Question 6

RT balancing analysis- the utility of conduct

Answer 6

The social value that the law attaches to the primary purpose of the conduct.
b. the suitability of the conduct to the character of the locality
c. the impracticability of preventing or avoiding the invasion.

Question 7

Substantial Harm test

Answer 7

Focuses on the degree of harm caused by the offending use, rather than examining the comparative social utility of the competing issues.
b. Courts note that discomfort and annoyance must be significant and of a kind that would be suffered by a normal person in the community.

Question 8

Remedies for Nuisance

Answer 8

Courts will balance:
a. the hardship to the claimant if an injunction is denied. If denied, remedied with damages.
b. the hardship to the defendant if injunction is granted.