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Use of property which unreasonably interferes with the use and enjoyment of someone else’s property.

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Presentation on theme: "Use of property which unreasonably interferes with the use and enjoyment of someone else’s property."— Presentation transcript:

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3 Use of property which unreasonably interferes with the use and enjoyment of someone else’s property.

4  Trespass  Protects possession  Requires physical intrusion  Does not require harm to land  Nuisance  Protects use and enjoyment  Physical intrusion not needed (but may exist)  Harm to land required

5 1. Suitability of use to location

6 2. Compliance with zoning regulations

7 1. Suitability of use to location 2. Compliance with zoning regulations 3. Priority of offending activity

8 1. Suitability of use to location 2. Compliance with zoning regulations 3. Priority of offending activity 4. Social utility of activity

9 1. Suitability of use to location 2. Compliance with zoning regulations 3. Priority of offending activity 4. Social utility of activity 5. Cost of avoiding harm

10  Injunction  Stop the nuisance  Prevents future harm  Money damages  Compensate for past harm.  Pay for ability to harm in the future

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