Tort Remedies: Specific Torts: Injuries to Real Property

Question 1

What are the remedies for a simple trespass (no injury)?

Answer 1

• nominal damages
• Injunction (to avoid multiplicity of suits)
• Restitutionary relief

Question 2

What are the remedies for a trespass causing severance from realty (removal of timber/materials) ?

Answer 2

Damages –> diminution in value of land (or P can elect a conversion measure)

Also Available:

• replevin
• restitutionary damages –> value of severed property, but if D acted willfully, value of property as improved
• injunction (bc land is unique)

Question 3

What are the remedies for a trespass causing other injury (for example, debris dumped on land)?

Answer 3

Damages =

• cost of removing obstruction; OR
• rental value

Mandatory injunction may be available if damages are inadequate

Question 4

What are the remedies for a trespass causing ouster?

Answer 4

• ejectment

- injunctive relief is not available

Question 5

What are encroachments?

What are the remedies?

Answer 5

“encroachments” = when D’s structure invades P’s land or air space

Damages:
IF classified as a CONTINUING trespass –> rental value

IF classified as a permanent trespass –> market value of occupied land

Ejectment (restitutionary remedy) – available but difficult to enforce

Injunction –> usually sought

• legal remedies are inadequate, and ejectment is impracticable
• court’s won’t balance hardships if they acted willfully, but will if they acted inadvertently

Question 6

What are the remedies for destruction of or injury to realty?

Answer 6

In general –> diminution in value of land

If building is destroyed –> value at time of destruction

If building is damaged –> cost of repair + loss of use

Trees/crops destroyed –> either (1) diminution of land; or (2) value of crops

Question 7

What are the remedies for destruction of or interference with easements?

Answer 7

DAMAGES
if destroyed –> diminution in value of land
if interfered with –> cost of restoration + loss of use

INJUNCTIVE RELIEF

• possible. REASONING: unique property/ multiplicity of suits
• HOWEVER –> easement must be recognized at law
• court WILL balance hardships

Question 8

What is waste?

What are the 4 types?

Answer 8

“waste” = injury to realty by one in rightful possession against interests of one entitled to future possession

1. voluntary
2. permissive
3. amerliorative
4. equitable waste

Question 9

What are the remedies for voluntary waste?

Answer 9

Damages =

1. diminution in value; or
2. cost to repair

Injunctive relief = also available

Question 10

What are the remedies for voluntary waste?

Answer 10

Damages =
cost of repair

NOTE –> courts are reluctant to grant injunction due to supervision problems

Question 11

What are the remedies for ameliorative waste?

Answer 11

NO damages available bc there is no loss in value

Injunction may be available if short term tenant

Question 12

What is nuisance?

What are the remedies?

Answer 12

“nuisance” = D uses his own property in such a way as to cause UNREASONABLE INTERFERENCE w the USE and ENJOYMENT of P’s property

Damages:

• loss of use and enjoyment
• costs of abatement
• emotional distress

NOTE –> some courts use “permanent nuisance” doctrine and award a permanent diminution in value of land

INJUNCTION:

• usually negative injunction
• damages are inadequate bc uniqueness of land and possibility of multiplicity of suits
• balance hardships unless intentional

NOTE –> “coming to the nuisance” is not a defense