Nuisance Flashcards
What is the Shelter Rule?
Provides that one who takes from a bona fide purchaser will prevail against any entity that the transferor-bona fide purchaser (BFP) would have prevailed against
Under the Shelter Rule in a notice, race-notice, and race jurisdiction, who gets Blackacre between A and C?
O (owner) conveys Blackacre to A. A does not record. O then conveys Blackacre to B. B is a BFP. B records immediately. B conveys Blackacre to C.
C wins bc of the Shelter Rule - C takes in a notice, race-notice, and race jurisdiction bc C steps into the shoes of B - who is both the last BFP to take (notice winner), the BFP who recorded first (race-notice winner), and the first person to record (race winner).
If B wins over A, then C should win over A under the Shelter Rule
What is Inquiry Notice?
Based on facts that would cause a reasonable person (objective test) to make inquiry into the existence of a conflicting interest in real property.
What are Marketable Title Acts?
The basic idea is that when a landowner has held title to the property for a long enough period of time, claims against that title that are older than the statutorily prescribed times are extinguished.
What is Title Insurance?
Guarantees that the insurance company has searched the public records and insures against any defects in the public records, unless such defects are specifically excepted from coverage in the policy.
What is nuisance law?
The means by which common law judges resolve conflicting land uses.
What ancient legal maxim does the law of private nuisance rest on?
“One should use one’s property in such a way as not to injure the property rights of another.”
What is a prima facie case for nuisance?
- Act (or failure to act) by D
- Nontrespassory invasions of Ps interest
- Intent, Negligence, or Strict Liability
- Substantial and Unreasonable Harm to P
- Causation
- Act (or failure to act) by D
This is required. Nuisances cannot be based on natural conditions not connected to Ds act or failure to act. (Ex. Natural growth of trees or weeds)
- Nontrespassory invasions of Ps interest
i) Nuisance protects the P against interference with the use or enjoyment of her land. Compare trespass, which involved a physical invasion of the Ps land and violates the Ps right to exclude
ii) Under common law, nuisance was limited to non-physical invasions such as noise, odor, vibrations, and light
iii) Modern cases focus on the Ps interests in determining whether nuisance or trespass is implicated
- Intent, Negligence, or Strict Liability
i) this distinction determines which defenses are available
ii) Intentional = where D knows that his conduct is interfering with Ps right or that it is substantially certain to do so
iii) Negligent = where D breaches the reasonable person standard of care and causes a nuisance
iv) Strict Liability = imposed for nuisances caused by abnormally dangerous activities … applies to nuisances forbidden by law (ex. houses of prostitution, drug dens, setting off fireworks, etc.), pollution, spite fences, and other malicious activities … these are all forms of nuisance per se or nuisances as a matter of law
- Substantial and Unreasonable Harm to P
i) Substantial = something that a reasonable person would take offense at, rather than a de minims annoyance to which only a super sensitive person would object to
ii) Unreasonable =
For intentional or negligent acts, use a balancing test with these factors: extent and character of the harm; the social value of the Ps use; Its sustainability to the locality in questions; and the burden on the P of avoiding the harm
For strict liability, no balancing required. As long as the harm is substantial, liability is found
iii) Aesthetic Consideration
iv) Prior Occupation (Coming to the Nuisance) - a relevant question as to the reasonableness of the use is whether the use preceded the Ps presence
v) Effect of Zoning - zoning ordinances are not conclusive as to what is a reasonable use, bc activities permitted under zoning laws may be unreasonable as to neighbors
- Causation
i) if the case is one of intentional nuisance, causations is satisfied if Ds act directly or indirectly results in the interference
ii) If the nuisance is predicated on negligence or strict liability, the rules of causation are based on the negligence standard
What are the remedies for nuisance?
i) Damages = compensatory or punitive
ii) Injunctive Relief
iii) Self-help remedy of abatement
What are defenses to a nuisance claim?
Where a nuisance results from negligence or strict liability, contributory negligence can be a defense.
Where the nuisance is intentionally committed, contributory negligence is not a defense.
