Nuisance

Question 1

What is a nuisance?

Answer 1

right to recover for use of land that causes interference with the use and enjoyment of another landowner.

Question 2

What does the action of nuisance protect?

Answer 2

Protects landowners use and enjoyment of land.

Question 3

What is the nuisance test?

Answer 3

Was use reasonable based on ordinary person. (not sensitive person)

Question 4

What are the key factors which courts balance concerning nuisance?

Answer 4

i. Suitability of use to location
ii. Compliance with zoning regulations
iii. Priority of offending activity
iv. Social utility of activity
v. Cost of avoiding harm
1. Cost of plaintiff to move vs. cost of defendant to abate

Question 5

Possible remedies for nuisance?

Answer 5

(1) injunction - stops the nuisance; prevents future harm. (2) money damages - compensate for past harm; pay for harm in the future