Get off my lawn
One should use one's property in such a way as to not __________________? (nuisance)
injure the property of another
Gian and Don are neighbors. Don frequently uses the grill in his backyard. Gian tells him he hates when he grills and Don apologizes and stops.
Gian sues him for nuisance, result?
Yeah nothing probably. Courts likely wouldn't find that his grilling was a nuisance, but even if they did, he stopped when asked.
take a break and realize that you're putting in the work.
How has your day been?
ok back to work
What is an easement? What kinds are there?
right to a limited use or enjoyment of another's land. Can be created by a conveyance.
Affirmative easement: right for someone to perform some action on property of another
Negative Easements: prohibits the owner from doing something on their property
What has Donovan received?
a license to use Gian's land.
T/F: you can only be remedied in law from physical nuisances. Explain
False, nuisances can include things like gas, noise, light, etc.
Cody is a street artist, he practices using spray paint on his property's fence pretty frequently. Anthony, his neighbor, grows flowers on the edge of his property. Anthony's plants have started dying and the soil has been ruined from paint fumes. Cody refuses to stop, saying his fence is his property and he can do whatever he wants with it.
What would happen if Anthony sued?
Cody would likely be held liable for nuisance because he created and maintained an activity that injured Anthony's property. Court would likely force him to stop.
Which of the following end when you die;
Patent
Copyright
Trademark
Intellectual Property
none, they transfer like physical property
T/F: All easements are revocable.
Explain.
False. Easements are irrevocable as they are an ownership interest. Licenses can be revoked.
Gian receives a written contract in the mail from Anthony, saying that Anthony has approved Gian's application to paint a mural in his mall. Gian now just needs to sign it and he will be given access to paint the wall for 2 months.
Does Gian have an easement?
no, license again lmao
False. A nuisance spawns from someone else's property.
although theyd probably be liable for something else
Jayda has been preparing for a track meet by running around the neighborhood. Hannah has told Jayda that she can run through her large backyard. However, its been pretty rainy recently, and Jayda has left many, MANY, mud tracks and caused soil damage due in Hannah's backyard due to her constant running.
Could Jayda be held liable for nuisance if she doesn't stop.
probably not for nuisance, she isnt injuring Hannah's property due to the use of her own property.
She might be liable for something else but that doesn't matter.
What does constructive eviction require
if the implied warranty of habitability is not maintained:
- notify landlord of defects
- afford a reasonable opportunity to correct defects
- if not corrected, can be treated as an eviction and tenant can cease payment of rent
What is the difference between an easement and a license?
License:
- Oral or written permission to trespass
- revocable
- just a contract right, its not an ownership interest
Easement:
- ownership interest that is irrevocable
Cody gives Jayda an easement in his land by allowing her to sell hotdogs on his yard. He does so as long as Jayda gives him a cut of the price and as long as he gets free hotdogs.
What kind of easement does Jayda have? who is the dominant and who is the servient?
Jayda has an in gross easement because Cody is being benefitted, not the land.
Jayda is the servient
Cody is the dominant
when can someone be subject to liability for nuisance?
when they intentionally create and maintain the nuisance.
Could Cody succeed in a nuisance challenge?
Probably not, she stopped after being made aware so she did not maintain the nuisance.
T/F: Joint tenancy requires a unity in time, interest, agreement, and possession.
False, agreement is not one, and its missing Title
The following are easement classifications; define them.
Tenant
Tenement
Servient
Dominant
Tenant: people
Tenement: Land
Servient: burdened land/person
Dominant: benefited land or person
Hannah lives next to a hospital. She has picked up a habit of "potion brewing," which just means she is using her biochemistry degree to mix chemicals. Because she doesn't have the proper setup, she does this in her backyard. The fumes and chemicals that stay in the air have been damaging both the hospital and the patients within. After a long legal battle, the court edits Hannah's lease to make it so no chemicals can be combined in the property's backyard.
What does Hannah have?
a negative easement
When would you not be able to get an injunction as a remedy for nuisance? What would be the alternative?
Likely money.
What happens?
Jayda may be compensated, but she will likely not get an injunction as the hospital is an essential service. She likely will be given money and sent home while the project continues.
what is a covenant of seisin?
a warranty that guarantees you own the property
what is the difference between an appurtenant easement and an in gross easement.
Appurtenant: the land is benefited by the easement, it stays with the land even if the land changes owners
In gross: the person is benefited by the easement. In CL there is no transfer, modern law allows commercial transfers
Anthony owns a strip mall. Hannah, who has come to own a CFA, gets an easement from Anthony to set up a store in his strip mall. Anthony later sells his strip mall to Cody after tricking him into buying it. Cody tells Hannah that her easement is revoked and her store cannot remain.
Does Hannah have a right to stay?
Yes, the easement was likely an appurtenant ease, which means that Hannah's easement stays with the property regardless of the chain of ownership