Nuisance Flashcards
(6 cards)
Define Nuisance
“Nontrespassory invasion of another’s interest in the private use and enjoyment of land”.
How is a nuisance analyzed?
1) Litigation deals with the conflicting interests of property owners and the question of the reasonableness of the defendant’s mode of use of his land.
2) The process of adjudication requires recognition of the reciprocal right of each owner to reasonable use, and a balancing of the conflicting interests.
3) The utility of the defendant’s conduct must be weighed against the quantum of harm to the plaintiff.
What is a remedy for nuisance?
Injunction
Ex: restrictions of activities on property rights, noise, gatherings, etc.
Restrictions on use of personal property on the physical property - factory not using machines causing pollution
Restrictions on expansion on physical property - not building a structure
Fontainebleau v. Forty-Five twenty-five
H - A landowner has no legal right to the free flow of light and air across the adjoining land of his neighbor.
F - upward expansion of one hotel would block the sunlight to the pool of a neighboring hotel.
R - Where a structure serves a useful and beneficial purpose, it does not give rise to a cause of action either for damages or an injunction, even though it causes injury to another by cutting off the light and air and interfering with the view that would otherwise be available.
How to approach Nuisance exam hypo
Courts will look at “who came into the nuisance”.
Is the use reasonable?
Is the burden higher on one property over the other?
Is interference impacting ordinary use?
Note in answer that after a court ruling, parties can negotiate outside of court ruling through concepts of coase theorem.
Coase Theorem
After an undesirable court ruling, either party can start negotiating a private agreement to get a different outcome.
Requires -
1) Well Defined property rights
2) Low transaction costs
