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Flashcards in Page 4 Deck (42):
0

If you believe the land is your own, can you be guilty of trespass to land?

Yes

1

If you lawfully enter land, and then stay even though you have a duty to leave, what have you committed?

Trespass to land

2

What is a person liable for if they commit a trespass to land?

Any damage that happened while they are trespassing to either person or property, even if it wasn't foreseeable

3

If you trespass on land and someone has a heart attack because of the confrontation, are you liable for that heart attack?

Yes, because you're liable for harm to persons or property even if it wasn't foreseeable

4

What must the physical invasion be for trespass to land?

Something of substance, that is more than noises or smells

5

Can an airborne pesticide count as an invasion for trespass to land?

Yes, as long as actual harm results

6

When is a trespass complete?

When you intentionally intrude

7

What is the property doctrine of easement?

Possessor has ownership but allows a prerogative for someone else to enter below the surface

8

What is an example of property doctrine of easement?

Government lays tracks under your land

9

How are airlines related to trespass to land?

You can't sue them unless they cause injury because navigable airspace is for public use

10

How much right of the landowner have to the air above his land?

The immediate reaches above the land (usually the airspace below the minimum flight altitude, or lower than 50 feet)

11

What are all of the types of damages that can be collected for trespass to land?

Nominal, physical, compensatory, injunctive, punitive, extended liabity

12

What are nominal damages for trespass to land?

Defendant is liable for at least nominal damages even if no physical harm is done, because he intruded on the plaintiff's right to exclusive possession

13

What are physical damages for trespass to land?

If land is harmed, damages can be measured by either the cost of repair or diminution in the value of the premises

14

What are compensatory damages?

Given for the loss of use of land and for emotional distress or annoyance caused by trespassers

15

What is Injunctive relief for trespass to land?

Injunction to stop the trespassing, force defendant to leave the land, or remove something placed on the land

16

What is punitive damages for trespass to land?

Awarded if trespass is deliberate or malicious

17

What is extended liability for trespass to land?

Defendant is liable for damages directly caused by his trespass, even if he didn't intend them or foresee them

18

What is example of extended liability for trespass to land?

If you throw cigarette into a puddle of gasoline and it burns the barn, you are liable because you trespassed on the land

19

What is nuisance?

An unreasonable substantial interference with the use and enjoyment of plaintiff's land

20

What are different interferences that would be considered a nuisance?

Intangible intrusions like noise, vibrations, odor, light

21

What are the things to consider when figuring out if a nuisance is taking place?

Nature of the locality, who was there first, amount or extent of harm, value of the undertaking, etc.

22

Plaintiff must prove what in order to have nuisance?

An injury and substantial damages

23

If a person is unusually sensitive, and an activity disturbs him, but wouldn't disturb a normal person, does he have a nuisance claim?

No

24

Is it possible to have a situation that involves both a nuisance and trespass?

Yes, like blasting

25

What is a continuing nuisance?

Something that continues but could be stopped at any time ie) particular airborne matter from a nearby plant

26

What is a permanent nuisance?

Interference or intrusion that has no ready means of elimination

27

Elements of nuisance?

- act by defendant
- causation
- unreasonable/substantial interference
- current possessory interest
- intentional/unintentional conduct

28

What acts by the defendant are required for nuisance?

An actual act must occur, because the landowner has no duty to avoid harm to neighbors for natural conditions

29

What is example of a situation that would not be considered a nuisance because there is no act by the defendant?

Mosquito infestation from natural water pooling on defendant's property

30

What is substantial mean for nuisance?

If normal people living there would consider it offensive, seriously annoying, or intolerable

31

If something is minimally annoying and only a grouchy neighbor would object to it, can that be a nuisance?

No, It must be intolerable

32

What is considered unreasonable for nuisance?

If the gravity of harm outweighs the utility of the conduct

33

What are some factors to consider if deciding whether a nuisance is unreasonable?

Amount of harm, nature of the use, nature of the locality, first party on the land, suitability of harm to the neighborhood, costs to eliminate the harm, social benefit from allowing it to continue

34

Generally aesthetic conditions on the land aren't a nuisance if what?

They are run without noise or odors etc.

35

Can hideous lawn ornaments be considered a nuisance?

Not if they are run without noise or odors

36

What is the funeral home exception for nuisance?

Funeral homes can be a nuisance but they are located in residential areas no matter how carefully or tastefully they are run

37

Are zoning ordinances conclusive about reasonable use for nuisance?

No, just because they are permitted doesn't mean they're reasonable to the neighbors

38

What Is a current possessory interest?

The person bringing the claim must have a private physical relation to the land

39

Why does it not matter whether that is intentional for nuisance?

Because the focus is on an unreasonable injury, not the defendant's unreasonable conduct

40

What is a private nuisance?

Volitional act done with requisite intent to cause a substantial and unreasonable interference with plaintiff's use and quiet enjoyment of his or her land

41

Does a P have to Own the property for private nuisance?

No, just have lawful possession. Cannot be an employee or a casual visitor