POSSESSOR’S RIGHTS Flashcards
What two rights does a possessor of land have?
The possessor of land has the right to be free from trespass and nuisance.
What is trespass?
invasion of land by tangible physical object.
How do you lawfully remove a trespasser?
To remove a trespasser bring an ejectment action.
What is a private nuisance?
substantial and unreasonable interference with another’s use and enjoyment of land. Nuisance does not require a tangible physical invasion.
What are some examples of nuisance?
Odors, noise.
A operates a dog kennel located near a power plant. A notices that her dogs are chronically agitated, causing her to lose business. She learns that the power plant emits a high frequency sound heard by animals but not humans. A sues the plant for nuisance. What result?
A loses, her use is hypersensitive. No nuisance when the problem is the result of plaintiff’s super sensitivity or specialized use.
