Nuisance and Trespass

Nuisance and Trespass - I. Nuisance and Trespass a....

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
I. Nuisance and Trespass a. Trespass i. Enforceable by Property Rule Injunction b. Nuisance 1. Right of use is impeded 2. Has to be substantial damages to property owner 3. You may not be able to identify specifically who is being affected 4. You may not be the only person being affected by the nuisance 5. Normally thought to be high transaction costs environment due to large number of victims, unknown Producer of problem. 6. Enforced by liability rule ii. Spatial Nuisance 1. Previously unused land has a cement plant near it 2. People move into the land, the plant impedes the use of property 3. How does the law treat this property? 4. Common Law doctrine of Coming to the Nuisance ? a. Says that filthy activity was there before, when you move into the area, you have chosen to expose yourself to the nuisance b. Pre-existing activity has a defense 5. Hadachek v Sebastian (1915) a. Brick plant causes noise, waste, dirt b. Residential neighborhood pops up around brickyard c. Court rules brickyard has to shut down
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

Page1 / 2

Nuisance and Trespass - I. Nuisance and Trespass a....

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online