Nuisance Flashcards

0
Q

Private nuisance

A

Thing or activity that substantially and unreasonably interferes with Ps use and enjoyment of her land.
No physical intrusion required.
Invasion is either
1. Intentional and unreasonable or
2. Actionable under negligence.
* compliance with all regs not a complete defense.

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1
Q

Public nuisance

A

An unreasonable interference with a right common to the general public. To sue for if, P must:

  1. Have the right to recover damages,
  2. Have authority as a public authority, or
  3. Be representative of general public, member of class or citizen in citizens action.
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