Right to Use

Question 1

What is the rule from Sundowner, Inc. v. King, regarding “spite fences?”

Answer 1

No property owner has the right to erect and maintain an otherwise useless structure for the sole purpose of injuring a neighbor

A spite fence is:

• a structure,
• which serves no useful purpose, and is
• erected for the sole purpose of injuring adjoining property owners

Question 2

The issue here is whether or not there is a spite fence. Ask:

Answer 2

Does the alleged spite fence serve any purpose other than injuring the neighbor? If “yes,” then not a spite fence.

Question 3

What are the elements of a nuisance?

Answer 3

1. An intentional,
2. non-trespassory act that is
3. Unreasonable and
4. Substantial interference with the use and enjoyment

Question 4

Why weren’t the solar panels in Prah v. Marretti considered a nuisance, even though they caused substantial interference with the neighbor’s ability to enjoy sunlight on his land?

Answer 4

The solar panels were ruled not a nuisance because they were not unreasonable