Reasonable Use

Question 1

1) reasonable use concept balances competing rights:

Answer 1

1. Right to use land and

2. Right to enjoy land w/o unreasonable interference

Question 2

2) Nuisance:

Answer 2

owner is free to use prop w/o objection/interference, provided use is not illegal (nuisance per se), but he will not be permitted to make an unreasonable use of prop to the material annoyance of his neighbor, if the latter’s enjoyment of life or prop is materially lessened

Question 3

a) Bove:

Answer 3

π bought land before coke (steel) factory in industrial area; clouds of steam (coke, gas); deprived her of full enjoyment; bad health; claimed factory as nuisance–>not a nuisance; should have expected activity

i) Injury alone does not establish nuisance
ii) FT: this opinion is wrong: Court could have called it a nuisance since ∆ was there first (wouldn’t have shut down factory; factory would have just bought π’s prop)
iii) Remedies a big factor—even if something clearly seems like a nuisance, if the remedy would be unreasonable, the court may not deem it a nuisance (plant toxins killing fish for hatchery)