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NuisanceNuisance -- DefinedUse of property which unreasonably interferes with the use and enjoyment of someone elses property.Nuisance compared to TrespassTrespassProtects possessionRequires physical intrusionDoes not require harm to land

NuisanceProtects use and enjoymentPhysical intrusion not needed (but may exist)Harm to land requiredNuisance Key Factors Which Courts BalanceSuitability of use to locationNuisance Key Factors Which Courts BalanceSuitability of use to locationCompliance with zoning regulationsNuisance Key Factors Which Courts BalanceSuitability of use to locationCompliance with zoning regulationsPriority of offending activityNuisance Key Factors Which Courts BalanceSuitability of use to locationCompliance with zoning regulationsPriority of offending activitySocial utility of activity

Nuisance Key Factors Which Courts BalanceSuitability of use to locationCompliance with zoning regulationsPriority of offending activitySocial utility of activityCost of avoiding harm

Possible RemediesInjunctionStop the nuisancePrevents future harm

Money damagesCompensate for past harm.Pay for ability to harm in the futureRose v. Chaikin

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