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A - Property 2 > Week 9 - Nuisance Part 2 > Flashcards

Week 9 - Nuisance Part 2 Flashcards

1
Q

Halfway House

A

Fear and Loathing

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2
Q

A group home that moved into a single family structure and the group home was for individual who had HIV and AIDS. The community was hateful and didn’t like the idea of HIV living in the community when an ambulance would be called they would have celebrations if residents got so sick they had to be taken to the emergency room.

Case was a de-covenants case. Single family residential only covenant in the community. Argument was this is not a family. Ultimately, the halfway house won because there was no clarification what family meant.

Inhabitants were able to prove that they dined, worshiped and supported one another and did the things that families do and the fact they were not related by blood shouldn’t stop them. 4 bedroom house and 4 people. The idea of halfway hosues being nuisances that case wasn’t a nuisance but similar.

What does this refer to?

A

Fear and Loathing

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3
Q

______ _______ are situations where we have people who are being reintegrated into society who have spent time in prion. Illnesses or ailments. Mixed reations by the court.

A

Halfway Houses

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4
Q

Generally, nuisance law will protect interference with light and air access but not where the plaintiff requires _________ _________.

A

extraordinary conditions

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5
Q

Amusement Park. Light of lighting - operate at night. There is a drive in movie theater in close proximity and the drive in sued alleging nuisance because lights were too bright. Court found in favor of the amusement park - you are requiring a level of darkness that is too _________.

A

extreme

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6
Q

___________ ___________ we are not going to use nuisance law to protect you.

A

extraordinary conditions

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7
Q

If you hate your neighbor so much that you put up a 27-foot high privacy fence that is probably a __________.

This refers to _______.

A

nuisance

spite

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8
Q

Short of any HOA covenants that toilet with all the flowers planted in it is probably not a __________.

A

nuisance

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9
Q

There was a house that sat on a hill that had a garage below it. Looked like they had waited until the yard sale had 25cent cans of paint. It was not the rainbow house it was like I will paint this orange because I got some cheap orange paint. They had hubcaps on top of all the blotches. Every broken lawn mower and parked them around the garage for accessories. It wasn’t a _________ it was just _____ _____ ______.

A

nuisance

plain old ugly

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10
Q

It is okay if it is ______. If you don’t want _____ buy a house in a subdivision with an HOA. No extra vehicles, etc. because HOA will prohibit that.

A

ugly

ugly

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11
Q

We cross a line with _________ because they are dangerous sometimes. There could be health and safety concerns.

A

junkyards

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12
Q

We cross a line with junkyards because they are dangerous sometimes. There could be _______ and _______ concerns.

A

health and safety

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13
Q

_______ _____ _______ is generally not a nuisance but junk yards could be because of health and safety concerns.

A

plain old ugly

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14
Q

Plain Old Ugly is generally not a nuisance, but __________ could be because of health and safety concerns.

A

junkyards

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15
Q

______________ that might be an attractive nuisance and kids might go there and get hurt because abandoned vehicles seem fun and might be dangerous.

A

junkyard

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16
Q

With issues surrounding lateral and subjacent support, there is ordinarily no right to support of structures on the land.
A. True
B. False

A

A. True

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17
Q

__________: the support provided to one piece of land by the parcels surrounding it (Support from the sides).

A

Lateral

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18
Q

Lateral: the support provided to one piece of land by the ______ __________ ______ (Support from the sides).

A

parcels surrounding it

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19
Q

Lateral: the support provided to one piece of land by the parcels surrounding it (Support from the _______).

A

sides

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20
Q

Lateral.

Duty on ___________ land to provide _________ that the subject parcel would need and receive under natural conditions.

A

neighboring

support

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21
Q

Lateral

Duty on neighboring land to provide support that the ______ _______ would need and receive under ________ _________.

A

subject parcel

natural conditions

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22
Q

Lateral: the support provided to one piece of land by the parcels surrounding it (Support from the sides).

Duty on neighboring land to provide the support that the subject parcel would need and receive under natural conditions.

Ordinarily ______ ______ to support of structures on the land.

A

no right

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23
Q

___________: support from underneath

A

Subjacent

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24
Q

Support from the sides.

A

lateral

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25
Q

What do you think natural conditions are?

A

Trees, how the land is.

26
Q

What do you think natural conditions are?
- Trees, how the land is.
- Does it involve the structures the stuff that you build?

A

NO

27
Q

A lot of land has been improved. If I have vacant unimproved land and my neighbor does something that causes a huge hole sink hole style because they are doing excavating on their land then that is not okay because my land in its ______ _____ has been damaged by what my neighbor has done to my side.

A

natural state

28
Q

This rule bothers people because: If I build a house on my land and my neighbor is doing some excavating next door on his land and my house is now tipped to the side no duty– no liability. !!

A

!!

29
Q

This rule bothers people because: If I build a house on my land and my neighbor is doing so excavating next door on his land and my house is now tipped to the side no duty– no liability.

How would you get protection for yourself?

A

Stop your neighbor with an agreement to not do it. Negative easement.
- Just like you could make an agreement that they are not going to build a second story on their house. If they do something on their land that damages your land that they would be liable for it.

30
Q

Mineral Rights

A

Subjacent

31
Q
  • When you buy property what do you assume that you are getting? _______ ______. They are subjacent. What happens if you buy a house in coal country and coal company owns the rights underneath your house? They might mine the coal and that would have an impact on your house.
  • Depending on state law and jurisdiction you could be out of luck.
  • Typically, the right to that coal includes the right to access the coal.
  • _____ _______ could be a really big deal.
  • Banks who are financing the purchase of property want you to own mineral rights.
A

mineral rights

Subjacent support

32
Q

Duplexes or Townhomes and each unit is owned by different people: anatomy of a real estate transfer: Common Wall Agreement – sharing wall both agree not to screw up anything that will damage stuff on the other side of the wall. I won’t tear my wall down or light it on fire, etc. -______ ______ – support from the sides.

A

Lateral support

33
Q

Estancias Dallas Corp. v. Schultz: The AC case

________ ________ should only be denied when to do otherwise would work significant injury to the public at large.

Injunction issued here because there’s insufficient harm to the public under the balancing of the equities test.

A

Injunctive relief

34
Q

________ _______ – harm to the plaintiff v. the public and the defendant

A

balancing test

35
Q

balancing test. – harm to the _______ v. the _______ and the _______.

A

plaintiff

public
defendant

36
Q

Under Utilitarian theory: the court here ordered an injunction – what might the SFR homeowner do with that injunction?

A

Sell it.

37
Q

Mention all three, that is the only way to successfully gain all the points! To figure out whether or not this nuisance is abated we have to know what jurisdiction we are in. These are the three different types, here are what each of the three tests mean and here is how I think it would turn out essentially coming up with three conclusions. !!

A

!!

38
Q

lternate Endings
Estancias Dallas Corp. v. Schultz: The AC case

Considering philosophy of attempting to resolve with a win-win result, Court Order could be: Defendant must pay $10,000 to Plaintiff and cure the problem within seven years or court will consider additional award to Plaintiff of money or injunction.

Potential Practical Alternative:
Encourage parties to settle, e.g., assume P’s property value w/o nuisance - $25,000; D’s cost to cure now = $200,000. Thus, D may offer $40,000 to buy P’s property. !!

A

!!

39
Q

Remedies
_________ Damages: P can ask for more damages later.

________ Damages: Precludes future recovery by Ps.

A

Temporary

Permanent

40
Q

Plaintiff can ask for more damages later.

A

Temporary Damages

41
Q

Precludes future recovery by Ps.

A

Permanent Damages

42
Q

Utilitarian you have opportunity for creative solutions and often will involve _________ damages – you are suffering let’s give you something right now. Still be that loud but you just have more money in the bank with idea that you get permeant damages ultimately if they are not able to solve the problem.

__________ buys D time to solve the problem and if not able the P gets permanent ones.

A

Temporary

Temporary

43
Q

Paying ________ _______ nobody who owns this land can ever sue again and complain.

A

permanent damages

44
Q

_______ Nuisance

Distinguished from ‘________’ nuisance based upon the persons impacted by the intrusion.

Per the Restatement, a ‘_______ nuisance’ is “an unreasonable interference with a right common to the general public.”

A

Public

Private

Public

45
Q

Per the Restatement, a ‘public nuisance’ is “an _________ ___________ with a right common to the general public.”

A

unreasonable interference

46
Q

Per the Restatement, a ‘public nuisance’ is “an unreasonable interference with a ________ _______ ______ ______ ______ _______.”

A

right common to the general public

47
Q

public rights

A

public nuisance

48
Q

rights in use and enjoyment of land

A

private nuisance

49
Q

What does it mean to “come to the nuisance?”

A

The nuisance is there first, you know it’s there and you move in next to it but now you want to complain about it.

50
Q

Courts have held where a residential landowner knowingly came to a neighborhood reserved for _________ or ________ endeavors and then they claimed to be damaged they may be denied relief.

A

industrial or agricultural

51
Q

Moving into the vicinity of the nuisance will not completely bar a suit for damages or injunctive relief but it is a ______ ______.

A

relevant factor

52
Q

_________ pay to move elsewhere.

A

indemnify

53
Q

The right to ______ – people can’t bring a nuisance action if the _______ has been going on for 1 year or more and the conditions have been the same throughout that year.

A

farm

Farming

54
Q

The right to farm – people can’t bring a nuisance action if the farming has been going on for ____________ or more and the conditions have been the same throughout that year.

A

1 year

55
Q

The right to farm – people can’t bring a nuisance action if the farming has been going on for 1 year or more and the _________ have been the same throughout that year.

A

conditions

56
Q

Examples of Judicial Methods for Resolving Nuisance Claims:
1. ?
2.
3.
4.
5.
6.

A
  1. Abate the activity by injunction (threshold)
57
Q

Examples of Judicial Methods for Resolving Nuisance Claims:
1.
2. ?
3.
4.
5.
6.

A
  1. Let the activity continue if the defendant pays damages to plaintiff (temporary damages with view to look at it in the future to see if a cure if found or permanent damages - utilitarian)
58
Q

Examples of Judicial Methods for Resolving Nuisance Claims:
1.
2.
3. ?
4.
5.
6.

A
  1. Balance the equities and if public interest outweighs the P’s interest deny the injunction and let the activity continue
59
Q

Examples of Judicial Methods for Resolving Nuisance Claims:
1.
2.
3.
4. ?
5.
6.

A
  1. Abate the activity if plaintiff pays damages (spur);
60
Q

Examples of Judicial Methods for Resolving Nuisance Claims:
1.
2.
3.
4.
5. ?
6.

A
  1. Some combination of remedies intended to bring about voluntary resolution between and/ or among the parties.
61
Q

Examples of Judicial Methods for Resolving Nuisance Claims:
1.
2.
3.
4.
5.
6. ?

A
  1. Also think about proactively trying to stop someone from coming to the nuisance

A - Property 2 (30 decks)

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