Possessor's rights Flashcards
1
Q
Possessor’s rights
A
Possessor of land has the right to be free from:
- trespass
- nuisance.
2
Q
Trespass
A
Invasion of land by physical object.
3
Q
How to remove a trespassor
A
Bring an ejectment action.
4
Q
Private nuisance
A
The substantial and unreasonable interference with another’s land use.
- Unlike trespass, nuisance does NOT require physical invasion. Thus, odors and noise could give rise to a nuisance, but not a trespass.
5
Q
Nuisance and hypersensitive π
A
NO nuisance if the problem is the result of π’s hypersensitivity or specialized use.
