E. Nuisance

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What type of test is applied in Jost states to determine nuisance?

Unneighborliness threshold test

Community balancing test

Plaintiff-centered threshold test (correct)

Defendant-centered threshold test

What is the key consideration in the plaintiff-centered test for nuisance in Jost states?

The defendant's reasonability

The harm to other landowners

The suitability of the conduct to the neighborhood (correct)

The conduct's impact on the neighborhood

In community property states following the Restatement, what is used to determine if an injunction is granted for nuisance?

The plaintiff-centered threshold test

Comparing the injury to the plaintiff and injury to the defendant (correct)

Defendant-centered threshold test

The unneighborliness threshold test

According to Snape, what indicates the existence of a nuisance?

Depriving others of their enjoyment of property Signup and view all the answers

In Jost states, why is the defendant's reasonability not relevant in determining a nuisance?

It is not relevant to whether there is an actual nuisance Signup and view all the answers

What did the CPS Balancing Test in the Estancias case involve?

Balancing the benefits of the harm against the harm to other landowners Signup and view all the answers

What is the cornerstone of nuisance law?

The 'sic utere tuo ut alienum non laedas' maxim Signup and view all the answers

What type of nuisance involves an unreasonable interference with a right common to the general public?

Public nuisance Signup and view all the answers

Which of the following is a requirement for a private nuisance plaintiff?

Right to possess or ownership of land Signup and view all the answers

What is the result of a conflict of property rights under ideal economic conditions according to the Coase Theorem?

The most efficient outcome Signup and view all the answers

What is an example of both a public and private nuisance?

A landlord's violation of a state's housing codes Signup and view all the answers

What type of interference is necessary for a nuisance cause of action?

Substantial and intentional Signup and view all the answers

What is the first question to consider in lateral subsidence?

The cause Signup and view all the answers

What happens if a subjacent landowner takes action that makes the surface land sink or implode?

It is considered a nuisance and a violation of duty Signup and view all the answers

What is the outcome in the Estancia Dallas Corp case?

The plaintiff gets a permanent injunction but no damages Signup and view all the answers

What is the effect of contributory action on liability in lateral subsidence?

It reduces the defendant's liability Signup and view all the answers

What is the relationship between Liz and Snape in the example?

They are neighbors Signup and view all the answers

What is the outcome in the Boomer case?

The plaintiff gets permanent monetary damages but only a temporary injunction Signup and view all the answers

What is the legal definition of a private nuisance?

An intentional and unreasonable nontrespassory invasion of another's land Signup and view all the answers

What is lateral support in the context of property law?

The right of the land to be naturally upheld by its neighboring land(s) against subsidence Signup and view all the answers

What is the duty of neighboring land in terms of lateral support?

The duty to provide the support the subject parcel would need under natural conditions Signup and view all the answers

What is subjacent support in the context of property law?

The support provided by land beneath to surface land Signup and view all the answers

What happens when one landowner owns the surface and another owns the minerals beneath the surface?

This situation is a unique situation that may require special consideration Signup and view all the answers

Who is liable for damages caused by excavation, even if the landowner is no longer the owner?

The excavator Signup and view all the answers

What happens when a court is considering an injunction in a proven nuisance case?

The court balances the equities to determine whether an injunction is appropriate Signup and view all the answers

In a nuisance action for damages, what are the relevance of the reasonableness and usefulness of the defendant's conduct?

Irrelevant Signup and view all the answers

When are permanent damages, rather than an injunction, appropriate in a nuisance case?

When the damages are significantly less than the economic benefit of the party causing the harm Signup and view all the answers

What happens when a party develops land near a public nuisance?

The party responsible for the nuisance must cease the action, but is entitled to compensation Signup and view all the answers

What was the problem for the neighboring farmer in the Jost case?

Emissions and debris were ruining his property, damaging air quality, and damaging infrastructure and crops Signup and view all the answers

Who brought suit against the Cement Company in the Boomer case?

The company's neighbors (Boomer) Signup and view all the answers