Possessor's Rights Flashcards
1
Q
Trespass is defined as . . .
A
Invasion of land by a physical object.
2
Q
How does one go about removing a trespasser, legally?
A
Ejectment action.
3
Q
Private nuisance is defined as . . .
A
A substantial, unreasonable interference with another’s use of land.
4
Q
Unlike trespass, nuisance does not require _______ _______. Thus, _____ and _______ could give rise to a nuisance, but not a trespass.
A
Physical invasion
Odors and noise
5
Q
A operates a dog kennel. The nearby power plant emits a high frequency noise that bothers her dogs and causes her to lose business. A sues for nuisance. What result? Explain.
A
A loses
Her use is hypersensitive. If a problem is attributable to P’s heightened sensitivities, P loses.
