Nuisance

Question 1

Common Law Rule (Threshold Test)

Answer 1

Intentional & Unreasonable

Question 2

Intentional

Answer 2

Knows or should have known that the activity caused the harm

Question 3

Unreasonable

Answer 3

Substantial interference (threshold) (even if no wrongdoing)
o Volume
o Period/Time
o Degree of effect

Question 4

Common Law Remedy

Answer 4

Issue an injunction to the defendant

BUT if we want to continue the nuisance (if it’s a huge benefit to the community), apply balancing of the equities test

Question 5

Nuisance

Answer 5

Substantial and unreasonable interference with another’s land use.
Possessor of land has the right to be free from nuisance.
Does NOT require tangible/physical invasion of property

Question 6

Land Owner’s Super Sensitivity

Answer 6

No successful nuisance claim can be raised if the claim is based on the plaintiff’s hypersensitivity or specialized use of the land