Nuisance Flashcards

1
Q

What is a nuisance (in property law and generally)

A

A non-trespassory, interference in the use of enjoyment in a piece of land by another parcel of land

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2
Q

Common things that are nuisances

A

Noise, dust, smoke, fumes, airborne or waterborne contaminates, vermin, insects, and vibration ;)

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3
Q

What are the ways to categorize a nuisance?

A

1) intentional v. Unintentional
2) private v. Public
3) In fact v. Per se

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4
Q

Intentional v. Unintentional (nuisance)

A

Intentional: knows and intends the effects of the conduct

Unintentional: negligence, recklessness, or ultra hazardous

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5
Q

Private v. Public (nuisance)

A

Private: interference with use and enjoyment of land

Public: interference with right common to the public

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6
Q

In fact v. Per se (nuisance)

A

In fact: because of the facts and circumstances

Per se: as a matter of law

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7
Q

Three tests to remedy a nuisance

A

1) threshold test
2) balancing of equities
3) utilitarian

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8
Q

Threshold test is a — — — and …

A

Strict win-lose

Will grant an injunction if the nuisances harms the health or endangers safety

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9
Q

Balancing of equities is a — — — and . . .

A

Strict win lose

Balances the harm resultant form granting the injunction vs the harm caused by its denial

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10
Q

Utilitarian test is — — —- and . . .

A

Not win-lose

Seeks to find a fair solution by considering whether the utility of the actor’s conduct outweighs the gravity of the harm to the plaintiff

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11
Q

True or False: the only remedy under the threshold and balancing of the equities test is an injunction

A

True

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12
Q

What are some remedies possible under the Utilitarian test?

A

Granting an injunction

Payment of temporary or permanent damages to the plaintiff (permanent prohibits further suit) but allow the nuisance to continue

Grant an injunction but require plaintiff to pay damages

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13
Q

Coming to the nuisance entails . . .

What is its effect?

A

Party occupying land despite awareness of the nuisance (shocker). Nuisance was present first

It harms or even prohibits a claim of nuisance because plaintiff knew what they were getting into

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14
Q

What are lateral and subjacent support?

A

Lateral support is support the land from adjacent parcels.

Subjacent support is support form beneath the land

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15
Q

What is the rule of lateral support?

A

Duty on neighboring land to support subject parcel such as would have received under natural conditions. No right of support of structures on land

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16
Q

Factors of coming to the nuisance

A

Was future settlement foreseeable?

Was property purchased prior to nuisance

Price of property

Fairness and efficiency