Week 12 Flashcards
(106 cards)
Four tests for nuisance vs. trespass
(1) D action giving rise to intrusion on or outside P land?
(2) harm to P land direct or indirect?
(3) invasion committed by tangible or intangible
(4) deprive P of possession or merely use and enjoyment
If merely use and enjoyment cuts towards ___
nuisance
If intangible cuts toward __
nuisance
TM thinks tangibility determined by asking whether ___
item large enough to displace a person
TM more tentative about ___ for nuisance
indirect/direct
Adams says intrusion must be ___ to count as trespass
tangible and direct
Adams says to recover for nuisance LO must prove __
significant harm
from D unreasonable interference with use of her property
Adam says that ___ fall under nuisance
dust, noise and vibrations threatening use and enjoyment
Trespass threatens right of ___ vs nuisance threatens right __
exclusion, quiet use and enjoyment
Adam says direct means offender ___
knew or reasonably should have known act would result in physical invasion of the land
Though some courts have moved to more ___, majority Adams rule remains
nuisance like definition of trespass
It is very difficult to get courts to recognize ___ but sometimes it happens
aesthethic nuisance
Intruding trees are ___ but P ___
trespass, limited to self help
Minority rule says tree root invasions should be governed by nuisance if ___
cause harm (allowing damages, injunction)
Non-naturally flooding a neighbor’s land can be trespass if ___
deprives P of possession
When applying nuisance balancing test, courts focus on ___
custom/character of the neighborhood (Campbell)
Public nuisance is __
interference with right common to general public
Core example of public nuisance
blocking public highway/waterway
Individuals can only bring public nuisance action if __
special injury above and beyond what is experienced by other members of the public
Campbell says that brick burning is not ____ but it is ___
per se nuisance, nuisance to P
Campbell says P entitled to injunction because __
D not exercised right with enough continuity to acquire prescriptive easement
Campbell says nuisance liability not undermined by ___
(1) fact that brick burning happened first (coming to the nuisance)
(2) or injunction against bricks would harm D
Tucker had opposite result of Campbell because ___
operations conducted with reasonable care and could not be moved
Typical parts of old nuisance doctrine
sic utere
locality rule
unreasonable use
threshold of material harm
nuisance per se
injunctive relief for irreparable harm
coming to nuisance
prescription
