Law of Neighbors

Question 1

Law of Neighbors

Answer 1

Solving conflicts between neighbors over land use; broken down into nuisance, servitudes (easements & Covenants), and zoning

Question 2

Nuisance

Answer 2

• Non-trespass invasion
• Doesn’t require wrongdoing or inherently unreasonable behaviors
  TEST: Whether the activity causes an unreasonable and substantial interference with use and enjoyment of someone else’s property, and that use causes damage

MUST CAUSE ACTUAL DAMAGES, unlike trespass

Question 3

Injunction

Answer 3

Order by the court directing a specific party to perform in a certain way, or refrain from performing in the future. Used against nuisance if:
1. Damages are inadequate
2. To prevent irreparable injury
3. Prevent multiplicity of suits
4. If offender has means to keep paying damages since it is less than transaction costs of not doing the thing

Check injunction table for rules

Question 4

Easements in appurtenant

Answer 4

Easement belongs to another track of land. Dominant track is enhanced by easement and servient track is burdened by easement.

Ex: A gives B an easement for a shared driveway after B builds home.

Question 5

Easements in gross

Answer 5

Easement belongs to a particular grantee

Ex: A gives B permission to fish in his pond

Question 6

Profit a prendre

Answer 6

“Right of Taking”

Right to enter onto land to extract something of value from the land, carries an implicit license to enter the land to carry out the grant

Ex: A gives B permission to harvest timber

Question 7

Affirmative Easement

Answer 7

Permits easement holder to perform an act that would otherwise be trespass or nuisance

Question 8

Negative Easement

Answer 8

Permits easement holder to demand that servient tract desist from certain acts that may harm the easement holder

Question 9

Creating easements

Answer 9

1. Contract (Statute of Frauds applies)
2. Implication
   - Common ownership followed by conveyance separating unified ownership
   - Prior to separation common owner used part of the property for the benefit of the other party
   - Claimed easement is necessary for enjoyment of separated land
3. Necessity (TRUE necessity)
   - Common ownership of the two parcels prior to severance of landlocked parcel; and
   - OG owner sells landlocked parcel to another; and
   - Owner of new landlocked parcel cannot access a public roadway
4. Prescription
   - Open, notorious, continuous use under adverse claim
   - Similar to adverse possession, but only transfers easement

5 . Estoppel (reliance based on good faith belief of permission)
- True owner gave permission
- User relied on this detrimentally changing their position
- Would be inequitable to revoke permission (unjust enrichment could come into play)

Question 10

Types of easements created without writing

Answer 10

1. Implication; continuing pre-existing use
2. Necessity; inaccessible land
3. Prescription; creating rights over time
4. Estoppel; unfairness

Question 11

Zoning

Answer 11

• Created in early 20th century to prevent conflicts over use
• Zoning limits a single person’s rights to enhance the right of their neighbors
• Typically done by local governments ex: Buffalo case where business owner got zoned and he wanted to be grandfathered in and ct said kick rocks and gtfo
• Unfortunately led to redlining, practice where mortgage lenders used zoning to deny loans to mixed/black communities