Nuisance Flashcards
Public Nuisance
an unreasonable interference with a right common to the general public
Three factors of public nuisance
- Significant interferance
- Prohibited by statute
- Long lasting effect
Private nuisance
occurs if gravity of the harm outweighs the social utility
Interferance
intangible invasion such as smells, light, sounds, vibrations, dusts and pollution
Nuisance
an intangible trespass onto one’s property. everyone should use own property as not to injure another’s property
Intention Interferance
knowingly interfering with another’s use of the land
Unintentional Interferance
interference resulting from negligent, reckless or abnormally dangerous activities
Nuisance per se
nuisance as a matter of law, malicious actions, nuisances prohibited by law, pollution or potentially harmful activity.
Imposes a high standard of scrutiny.
Balancing Test
Does the harm outweigh the utility?
Substantial interferance
persons of normal sensitivities would find interference as substantial
Balancing the equities
weighing P’s harm against to social utility of D’s activities
Rule of necessity
D can escape injunction if activity benefits the public at large rather then the D personally
Lateral Support
at common law, imposes a duty on neighboring land to provide support (literally) that the subject parcel would need under natural condition.
don’t dig until neighbor’s house falls over
Subjacent Support
support from underneath, surface rights and subsurface rights to minerals
