Nuisance & Zoning:

Question 1

What does nuisance law provide remedies for?

Answer 1

Nuisance law provides remedies for conduct that causes unreasonable harm to the use and enjoyment of land.

Question 2

What is the clash between?

Answer 2

The clash is between the rights of owners to be protected from uses that unreasonably harm the use of their property and the rights of others’ free use or enjoyment of their own property

Question 3

What is nuisance?

Answer 3

a substantial and unreasonable interference with the use or enjoyment of land, usually involving activities that are offensive, physically, to the senses and which by such offensiveness makes life uncomfortable

Question 4

• Nuisance looks at the _____ of a conduct

Answer 4

result

Question 5

Does the eggshell plaintiff doctrine apply to nuisance cases?

Answer 5

no

Question 6

What is anticipatory nuisance and when will it prevail?

Answer 6

potential activity or situation that could interfere with someone’s enjoyment of their property. It will not prevail unless one can prove with near certainty that the use, once in place, will constitute a nuisance (very abundantly clear)

Question 7

When does a permanent nuisance statute of limitations start?

Answer 7

It starts at the time the nuisance begins

Question 8

When does a temporary nuisance statute of limitations start?

Answer 8

It starts over each time each “injury” begins

Question 9

What are two common law defenses to a nuisance claim?

Answer 9

That the defendant got there first and that the plaintiff is too sensitive

Question 10

What is nuisance per say?

Answer 10

activities that are so disfavored that they will be held to constitute nusiances no matter where they take place or what consequences they generate

Question 11

What is the standard for nuisance?

Answer 11

The standard is whether a reasonable person would find the invasion sufficiently physically offensive to make life uncomfortable

Question 12

What are considerations when determining whether a land use is producing an unreasonable impact?

Answer 12

1) Utility of the defendant’s conduct- how important or valuable the defendant’s conduct or land use is.
2) Gravity of harm to the plaintiff
3) Priority of use- which party’s land use came first
4) Suitability to the area- whether the defendant’s activity is appropriate or fit for the location in which it is happening
5) Cost to the plaintiff’s and defendant of avoiding the harm
6) Practicability of abating the nuisance- looks at how feasible it is to stop or reduce the harmful activity.

Question 13

What is a servitude?

Answer 13

A non-possessory interest in land that allows the holder to make use of the land or prevent something from being done on the property.