E. Nuisance
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Questions and Answers

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?

    <p>Depriving others of their enjoyment of property</p> Signup and view all the answers

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

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

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

    <p>Balancing the benefits of the harm against the harm to other landowners</p> Signup and view all the answers

    What is the cornerstone of nuisance law?

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

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

    <p>Public nuisance</p> Signup and view all the answers

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

    <p>Right to possess or ownership of land</p> 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?

    <p>The most efficient outcome</p> Signup and view all the answers

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

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

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

    <p>Substantial and intentional</p> Signup and view all the answers

    What is the first question to consider in lateral subsidence?

    <p>The cause</p> Signup and view all the answers

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

    <p>It is considered a nuisance and a violation of duty</p> Signup and view all the answers

    What is the outcome in the Estancia Dallas Corp case?

    <p>The plaintiff gets a permanent injunction but no damages</p> Signup and view all the answers

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

    <p>It reduces the defendant's liability</p> Signup and view all the answers

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

    <p>They are neighbors</p> Signup and view all the answers

    What is the outcome in the Boomer case?

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

    What is the legal definition of a private nuisance?

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

    What is lateral support in the context of property law?

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

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

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

    What is subjacent support in the context of property law?

    <p>The support provided by land beneath to surface land</p> Signup and view all the answers

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

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

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

    <p>The excavator</p> Signup and view all the answers

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

    <p>The court balances the equities to determine whether an injunction is appropriate</p> 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?

    <p>Irrelevant</p> Signup and view all the answers

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

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

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

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

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

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

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

    <p>The company's neighbors (Boomer)</p> Signup and view all the answers

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