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Flashcards in Nuisance Deck (14):
1

Public Nuisance

an unreasonable interference with a right common to the general public

2

Three factors of public nuisance

1. Significant interferance
2. Prohibited by statute
3. Long lasting effect

3

Private nuisance

occurs if gravity of the harm outweighs the social utility

4

Interferance

intangible invasion such as smells, light, sounds, vibrations, dusts and pollution

5

Nuisance

an intangible trespass onto one's property. everyone should use own property as not to injure another's property

6

Intention Interferance

knowingly interfering with another's use of the land

7

Unintentional Interferance

interference resulting from negligent, reckless or abnormally dangerous activities

8

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.

9

Balancing Test

Does the harm outweigh the utility?

10

Substantial interferance

persons of normal sensitivities would find interference as substantial

11

Balancing the equities

weighing P's harm against to social utility of D's activities

12

Rule of necessity

D can escape injunction if activity benefits the public at large rather then the D personally

13

Lateral Support

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**

14

Subjacent Support

support from underneath, surface rights and subsurface rights to minerals