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Unit 7 Nuisances & Related Common Law Actions ARE 306.

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Presentation on theme: "Unit 7 Nuisances & Related Common Law Actions ARE 306."— Presentation transcript:

1 Unit 7 Nuisances & Related Common Law Actions ARE 306

2 Lateral and Subjacent Support l Natural condition Strict liability l Improved, e.g., buildings Negligence

3 Nuisance - Definition l An unreasonable interference with a landowner’s enjoyment of her property.

4 Types of Nuisances l Public May be civil or criminal Not a tort Brought by governmental unit l Private Usually brought by private plaintiff

5 Theories l Strict liability l Intentional l Negligence

6 Relief l Abatement l Money l Both

7 Relief l Balancing of the hardships l Ability to capture externalities l Effect of uncertainty

8 Right-to-Farm Laws l Prelitigation mediation (N.C.G.S. § 7A-38.3) Mandatory l N.C. Right-to-Farm Law (N.C.G.S. § ) Reverses coming to the nuisance rule

9 Right-to-Farm Laws l Exceptions to N.C. law Pollution or change in condition of a stream Overflow of lands Negligent or improper operations Farms within city limits on enactment date New operations l Constitutionality


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