Nuisance

Question 1

What is Nuisance?

Answer 1

An unreasonable interference with the use & enjoyment of land

Question 2

What is a private Nuisance ?

Answer 2

1. Substantial,
   * Offensive, inconvenient, or annoying to avg pers. in community
2. unreas.
   * Injury caused outweighs usefulness of defendant’s actiosn
3. interference
   
   • Intentional
   • Reckless
   • Negligent
   • result of abnormally dangerous conduct
4. with another individual’s use or enjoyment of his property

Question 3

What is Public Nuisance ?

Answer 3

Unreas. interf. with the health, safety, or prop. rights of the community

• to recover, plaintiff must show that he suffered a dif. kind of harm than that suffered by the rest of the community

Question 4

Remedies for Nuisance

Answer 4

1. Damages - Usual remedy

• Depreciation in value of the prop.
• All resulting harm is recoverable (personal & property)

1. Injunction - If Money damages are inadequate
   * Courts balance potential hardship of the 2 parties

Question 5

Riparian Rights

Answer 5

All landowners (riparian owner) whose prop. is adjacent to a body of water have the right to make reasonable use of it

• Liable to other riparian owners if her use of the water unreas. interf. with other riparian owners use of the water

Question 6

Prior Appropriation Doctrine

Answer 6

Water Rights are unconnected to land ownership & can be sold or mortgaged like other property

• Water initially belongs to the state
• BUT the first pers. to use a quantity of water from a water source for beneficial use has the right to cont. to use that water for that purpose
• Subsequent Users - Can use remaining water for their own beneficial purp. if they don’t infringe on the rights of the prev. users

Question 7

Percolating Water (Groundwater)

Answer 7

Water that seeps or filters through the ground without any definite channel and not part of the flow of any waterway

• The owner of the prop. on the surfact of the percolating water is entitled to make reas. use of it
• BUT can’t commit waste

Question 8

Common Enemy Doctrine & Surface water

Answer 8

Surface water (excessive rainwater) is a common enemy that damages prop. at random

• Uphill Prop. Owners - Can take any steps to protect their land from water even if causes dam. to prop. of others down hill
• Downhill Prop. Owners - Can protect their own land, b/c water is common enemy and everyone has to provide their own protection
• Today - Most states, require everyone to act reas. under the circ. to protect their own prop. & avoid unnec. dam. to the prop. of others

Question 9

Lateral & Subjacent Support

Answer 9

Landowner has a right to have land physically supported in its natural state by the adjoining land and underground structures

Question 10

Effect if neighbor’s excavating causes a cave in?

Answer 10

If excavation or extraction causes a cave in, the neighbor will be subject to liab. in a tort action

Question 11

When is a neighbor strictly liable?

Answer 11

For damage to buildings on the landowners property if landowner can show:

• Weight of building didn’t contribute to the collapse of the land
• Idead - Plaintiff’s improved land would have collapsed even in its natural state (with no buildings) as result of the defendant’s excavation or extraction

If landowner can’t make such a showing, neigh. must be shown to have been neg. in order for landowner to recover dam.

Question 12

Air Rights

Answer 12

Landowner has limited right to reasonable use and enjoyment of the airspace above his land

• So long as it doesn’t interfere with another’s reas. use and enjoyment of land