Flashcards in Nuisance Deck (14):
an unreasonable interference with a right common to the general public
Three factors of public nuisance
1. Significant interferance
2. Prohibited by statute
3. Long lasting effect
occurs if gravity of the harm outweighs the social utility
intangible invasion such as smells, light, sounds, vibrations, dusts and pollution
an intangible trespass onto one's property. everyone should use own property as not to injure another's property
knowingly interfering with another's use of the land
interference resulting from negligent, reckless or abnormally dangerous activities
Nuisance per se
nuisance as a matter of law, malicious actions, nuisances prohibited by law, pollution or potentially harmful activity.
Imposes a high standard of scrutiny.
Does the harm outweigh the utility?
persons of normal sensitivities would find interference as substantial
Balancing the equities
weighing P's harm against to social utility of D's activities
Rule of necessity
D can escape injunction if activity benefits the public at large rather then the D personally
at common law, imposes a duty on neighboring land to provide support (literally) that the subject parcel would need under natural condition.
**don't dig until neighbor's house falls over**