Part VII - Owners and Neighbors Flashcards
What are the two categories of nuisance?
Public and private
What is the definition of nuisance?
a nontrespassory invasion of another’s interest in the private use and enjoyment of the land.
When is a person’s harmful conduct deemed intentional?
1 he acts for the purpose of causing the harm 2 he knows that the harm is resulting or substantially certain to result from his conduct.
When is the interference unreasonable?
if the gravity of the harm outweighs the utility of the defendant’s conduct.
when is the nuisance considered substantial interference?
When a normal person living in the community would regard the interference as strongly offensive or seriously annoying, then the level of interference is substantial.
How are damages measured for nuisance?
If the nuisance is deemed permanent, then P receives damages for past and future harm. Damages are measured by the extent to which the nuisance diminishes the fair market value of the affected property.
What is a public nuisance?
An unreasonable interference with a right common to the general public. ex. detonating explosives, unlicensed casino.
What is trespass?
Any intentional and unprivileged entry onto land owned or occupied by another.
A trespasser is strictly liable; good faith and fault don’t matter. D only has to intent to enter land as a matter of free will, intent to trespass is not necessary.
What is an encroachment?
A permanent or continuing trespass caused by the construction of a building or other improvement that partially extends onto another’s land.
What is a riparian system?
It is used in eastern states. A owner whose land adjoins a watercourse may take water for all reasonable uses that do not unreasonably interfere with the uses of other riparian owners.
What isthe prior appropriation system?
Western States - water rights are allocated to the first person to take water from a watercourse for beneficial use - even if his land does not adjoin the watercourse.
What if diffused surface water?
Too much water. Owner may make reasonable use of his land even though this alters the flow of diffused surface water in a manner that harms others.
What types of support does an owner have a right to?
Lateral support and subjacent support
What is lateral support?
The right to have the land in its natural condition is supported by adjoining parcels of land. An adjacent landowner who removes support and causes damages is strictly liable.
What is subjacent support?
The right to have his land in its natural condition supported by the earth below.
