Page 4 Flashcards
If you lawfully enter land, and then stay even though you have a duty to leave, what have you committed?
Trespass to land
If you believe the land is your own, can you be guilty of trespass to land?
Yes
What is a person liable for if they commit a trespass to land?
Any damage that happened while they are trespassing to either person or property, even if it wasn’t foreseeable
If you trespass on land and someone has a heart attack because of the confrontation, are you liable for that heart attack?
Yes, because you’re liable for harm to persons or property even if it wasn’t foreseeable
What must the physical invasion be for trespass to land?
Something of substance (more than noises or smells)
Can an airborne pesticide count as an invasion for trespass to land?
Yes, as long as actual harm results
When is a trespass complete?
When you intentionally intrude
What is the property doctrine of easement?
Possessor has ownership but allows a prerogative for someone else to enter below the surface
What is an example of the property doctrine of easement?
Government lays tracks under your land
How are airlines related to trespass to land?
You can’t sue them unless they cause injury because navigable airspace is for public use
How much right does the landowner have to the air above his land?
The immediate reaches above the land (usually the airspace below the minimum flight altitude, or lower than 50 feet)
What are all of the types of damages that can be collected for trespass to land?
- nominal
- physical
- compensatory
- injunctive
- punitive
- extended liability
What are nominal damages for trespass to land?
Defendant is liable for at least nominal damages even if no physical harm is done, because he intruded on the plaintiff’s right to exclusive possession
How do you measure physical damages for trespass to land?
If land is harmed, damages can be measured by either:
- the cost of repair, or
- diminution in the value of the premises
What are compensatory damages?
Given for the loss of use of land and for emotional distress or annoyance caused by trespassers
What is injunctive relief for trespass to land?
Injunction to:
- stop the trespassing
- force defendant to leave the land
- remove something placed on the land
What are punitive damages for trespass to land?
Awarded if trespass is deliberate or malicious
What is extended liability for trespass to land?
Defendant is liable for damages directly caused by his trespass, even if he didn’t intend them or foresee them
What is an example of extended liability for trespass to land?
If you throw a cigarette into a puddle of gasoline and it burns the barn, you are liable because you trespassed on the land
What is nuisance?
An unreasonable substantial interference with the use and enjoyment of plaintiff’s land
What are different interferences that would be considered a nuisance?
Intangible intrusions like noise, vibrations, odor, light
What are the things to consider when figuring out if a nuisance is taking place?
- nature of the locality
- who was there first
- the amount or extent of the harm
- value of the undertaking
What must the plaintiff prove in order to have nuisance?
An injury and substantial damages
If a person is unusually sensitive, and an activity disturbs him, but wouldn’t disturb a normal person, does he have a nuisance claim?
No
Is it possible to have a situation that involves both a nuisance and trespass?
Yes, like blasting
What is a continuing nuisance?
Something that continues but could be stopped at any time. Ie: particulate airborne matter from a nearby plant
What is a permanent nuisance?
Interference or intrusion that has no ready means of elimination
What are the elements of nuisance?
- volitional act
- intentional/unintentional conduct
- causation
- unreasonable/substantial interference
- current possessory interest
What acts by the defendant are required for nuisance?
An actual act must occur, because the landowner has no duty to avoid harm to neighbors for natural conditions
What is an example of a situation that would not be considered a nuisance because there was no act by the defendant?
Mosquito infestation from natural water pooling on defendant’s property
What does “substantial” mean for nuisance?
If normal people living there would consider it offensive, seriously annoying, or intolerable
If something is minimally annoying and only a grouchy neighbor would object to it, can that be a nuisance?
No, it must be intolerable
What is considered unreasonable for nuisance?
If the gravity of harm outweighs the utility of the conduct
What are some factors to consider when deciding whether a nuisance is unreasonable?
- amount of harm
- nature of the use
- nature of the locality
- first party on the land
- suitability of harm to the neighborhood
- costs to eliminate the harm
- social benefit from allowing it to continue
Generally aesthetic conditions on the land aren’t a nuisance if what?
They are run without noise or odors
Can hideous lawn ornaments be considered a nuisance?
Not if they are run without noise or odors
What is the funeral home exception for nuisance?
Funeral homes can be a nuisance if they are located in residential areas no matter how carefully or tastefully they are run
Are zoning ordinances conclusive about reasonable use for nuisance?
No, just because they are permitted doesn’t mean they’re reasonable to the neighbors
What is a current possessory interest?
The person bringing the claim must have a private physical relation to the land
Why does it not matter whether it was intentional for nuisance?
Because the focus is on an unreasonable injury, not the defendant’s unreasonable conduct
What is a private nuisance?
Volitional act done with requisite intent to cause a substantial and unreasonable interference with plaintiff’s use and quiet enjoyment of his or her land
Does a P have to own the property for private nuisance?
No, he just needs to have lawful possession. He cannot be an employee or a casual visitor.
