PropertyNuisance - Property NUISANCE OVERVIEW Laura...

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Property NUISANCE OVERVIEW © Laura Rothstein Trespass usually requires the PHYSICAL INVASION of another’s land. This is true whether it is INTENTIONAL or UNINTENTIONAL. Trespass also requires that the invasion be WRONGFUL. What are some rightful invasions or privileged invasions? PERMISSIVE (granted by owner/possessor) Tenancies; easements, profits, licenses, entries by mortgagors, landlords PRIVILEGED (by law) Public officers (police, safety inspectors, etc.) Private areas that have become public areas (shopping centers) and entry is for free speech purposes These entries are TEMPORARY and for a LIMITED PURPOSE What then, is a NUISANCE? NONPHYSICAL invasion – interference with USE and ENJOYMENT Caveat: Gases, odors, dust particles, chemicals, noise waves – Technically are PHYSICAL invasions, but are treated as nuisance May also extend to rodents, vermin, cats, termites, vibration General definition UNREASONABLE activity, that SUBTANTIALLY interferes with USE and ENJOYMENT of land 1
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PropertyNuisance - Property NUISANCE OVERVIEW Laura...

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