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

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Slide 2 Slide 3 Use of property which unreasonably interferes with the use and enjoyment of someone elses property. Slide 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 Slide 5 1. Suitability of use to location Slide 6 2. Compliance with zoning regulations Slide 7 1. Suitability of use to location 2. Compliance with zoning regulations 3. Priority of offending activity Slide 8 1. Suitability of use to location 2. Compliance with zoning regulations 3. Priority of offending activity 4. Social utility of activity Slide 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 Slide 10 Injunction Stop the nuisance Prevents future harm Money damages Compensate for past harm. Pay for ability to harm in the future Slide 11