Land Use Flashcards
What is a private nuisance?
A substantial and unreasonable interference with another’s individuals use or enjoyment of his property.
Define substantial.
One that would be offensive, inconvenient, or annoying to an average person in the community.
Define unreasonable.
The injury outweighs the usefulness of the defendants actions.
What is a public nuisance?
Unreasonable interference with the health, safety, or property rights of the community.
What must a private party show to recover for a public nuisance?
Must show that she suffered a unusual kind of harm in the rest of the community.
• damages are remedy
What are Riparian rights?
A land owner who borders a waterway owns the right to the waterway.
• shares the right to reasonable use of the water, such that one riparian Is liable to another for interferes with the other’ use.
What are prior appropriation water rights?
First a time, first in right: first to use the water, regardless of where the land is located, has the right to the water.
• The user must put the water to a beneficial use. Any productive you satisfied this standard.
What are lateral support rights?
Neighboring landowners cannot excavate so as to cause a cave in on a adjacent owner’s land.
What standard should you use if the neighbors building contribute to the subsidence (cave in)?
Negligence
What’s standard should you use if the neighbors building did not contribute to the subsidence (cave in)
Strict liability
What are subjects it support rights?
The surface landowner has a right not to have their land subside from the activities of owners of underground rights.
