Land Use Controls Flashcards
1
Q
Intentional Trespass
A
strictly liable
2
Q
Intentional nuisance
A
harm must be substantial and unreasonable for p to prevail
3
Q
Intentional Approaches
A
- Traditional: focus entirely on the level of interference. A reasonable plaintiff not abnormally sensitive.
- Restatement: court must balance the equities. D only liable if gravity of harm outweighs utility of actors conduct.
4
Q
Unintentional
A
Court will balance the equities
5
Q
Burden of Proof
A
P must initially at least trace alleged harm to D.
Id P proves intent, d strictly liable
Otherwise, B shifts to f.
6
Q
Public Nuisance: Coming to Nuisance as a defense
A
CL – coming = complete defense
ML – in favor of balancing equities
7
Q
Lateral Support
A
Refers to that provided to one piece of land by parcels of land surrounding it
8
Q
Subjacent support
A
refers to support from underneath
9
Q
Landowner is strictly liable for
A
maintenance of his land’s support of adjacent land; but limited to land in its natural state
