Nuisance compared to Trespass - professorbeyer.com

Nuisance compared to Trespass - professorbeyer.com

Nuisance 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 Does not require harm to land Nuisance Protects use and enjoyment Physical intrusion not needed (but

may exist) Harm to land required Nuisance Key Factors Which Courts Balance 1. Suitability of use to location

Nuisance Key Factors Which Courts Balance 1. 2. Suitability of use to location Compliance with zoning regulations

Nuisance Key Factors Which Courts Balance Suitability of use to location Compliance with zoning regulations 3. Priority of offending activity 1. 2.

Nuisance Key Factors Which Courts Balance Suitability of use to location Compliance with zoning regulations 3. Priority of offending activity 4. Social utility of activity 1.

2. Nuisance Key Factors Which Courts Balance Suitability of use to location Compliance with zoning regulations 3. Priority of offending activity 4. Social utility of activity

5. Cost of avoiding harm 1. 2. Possible Remedies Injunction Stop the nuisance Prevents future harm

Money damages Compensate for past harm. Pay for ability to harm in the future Rose v. Chaikin

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