Nuisance Defined Use of property which unreasonably interferes with the use and enjoyment of someone elses property Nuisance compared to Trespass Trespass Protects possession Requires physical intrusion ID: 580501
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Slide1
NuisanceSlide2
Nuisance -- Defined
Use of property which
unreasonably interferes
with the use and enjoyment of someone else’s property.Slide3
Nuisance compared to Trespass
Trespass
Protects possession
Requires physical intrusion
Does not require harm to land
Nuisance
Protects use and enjoyment
Physical intrusion not needed (but may exist)
Harm to land requiredSlide4
Nuisance – Key Factors Which Courts Balance
Suitability of use to locationSlide5
Nuisance – Key Factors Which Courts Balance
Suitability of use to location
Compliance with zoning regulationsSlide6
Nuisance – Key Factors Which Courts Balance
Suitability of use to location
Compliance with zoning regulations
Priority of offending activitySlide7
Nuisance – Key Factors Which Courts Balance
Suitability of use to location
Compliance with zoning regulations
Priority of offending activity
Social utility of activitySlide8
Nuisance – Key Factors Which Courts Balance
Suitability of use to location
Compliance with zoning regulations
Priority of offending activity
Social utility of activity
Cost of avoiding harmSlide9
Possible Remedies
Injunction
Stop the nuisance
Prevents future harm
Money damages
Compensate for past harm.
Pay for ability to harm in the futureSlide10
Rose v. Chaikin