Trespass
Lara cuts across Brian’s land to chase her runaway dog. No damage is caused. Brian sues.
What is trespass without justification?
Chris fences and maintains a vacant lot for 15 years, believing it’s his. The true owner resurfaces.
What is valid adverse possession if all five elements are met (actual, open, exclusive, hostile, continuous)?
Every evening, a neighbor burns trash in their backyard, and the smoke makes it hard for nearby families to eat dinner outside or open their windows.
What is a nuisance—an unreasonable interference with neighbors’ use and enjoyment of their property?
A homeowner is told she can’t build a second floor due to setback rules.
What is area zoning?
Alice and Bob co-own property. Bob dies. Alice automatically becomes sole owner.
What is joint tenancy with right of survivorship?
During a wildfire, firefighters bulldoze a strip through a private orchard to stop the spread.
What is public necessity (a complete defense to trespass)?
For 20 years, Marissa has mowed, gardened, and maintained a strip of land she believed was part of her backyard, but it actually belongs to her neighbor. The neighbor never said anything.
What is valid adverse possession if Marissa’s use was actual, open, exclusive, hostile, and continuous?
A café plays loud music every night, disrupting sleep in the adjacent apartment building.
What is a substantial and unreasonable interference (Wade v. Fuller)?
A city refuses to rezone a single lot surrounded by residential properties to allow a nightclub.
What is illegal spot zoning?
One tenant refuses entry to the other. The excluded tenant sues for rent.
What is ouster (Spiller v. Mackereth)?
Henry docks his boat on private land to escape a storm and breaks a pier in the process.
What is private necessity (a partial defense, still liable for damage)?
Alex used a neighbor’s field with permission, then stopped asking but continued use for 10 years.
What is not hostile—permission defeats adverse possession unless clearly revoked (Gangle v. Spiry)?
Nina’s dog barks occasionally during the day. One neighbor complains, but other neighbors say it doesn’t bother them. There are no recordings or witnesses.
What is likely not a nuisance—subjective annoyance must be backed by objective evidence and affect a reasonable person, not just one sensitive neighbor?
A cable company installs a small box on an apartment wall under state law.
What is a per se taking (Loretto)?
A life estate deed says “no rental or income use allowed.” The life tenant rents anyway.
What is an invalid restraint on alienation (David v. Davis)?
Tina enters private farmland to give emergency medical aid to a migrant worker who called her.
What is not trespass under State v. Shack (right to access trumps owner's exclusion)?
Ella holds a defective deed to land she’s lived on and improved for 12 years in a color of title state.
What is potential constructive possession of entire parcel described in deed?
A cement plant provides jobs but coats nearby homes in dust.
What is a nuisance where permanent damages may be awarded instead of injunction (Boomer v. Atlantic Cement)?
New law bans all development on coastal land, eliminating its economic use.
What is a per se taking (Lucas v. SC Coastal Council)?
Tenant builds a fence on leased land without permission.
What is ameliorative waste (may owe restoration)?
A delivery driver cuts through a fenced backyard after being told not to and leaves no damage.
What is actionable trespass under Jacque v. Steenberg Homes (punitive damages possible)?
Jordan uses the land every summer for 20 years to build a cabin and maintain trails. However, Jordan does not use the cabin in Fall, Spring, or Winter.
What is continuous possession if seasonal use aligns with land’s nature (Nome v. Fagerstrom)?
A mink farmer sues a dump for smoke. The mink are more sensitive than typical animals.
What is still a valid nuisance despite abnormal sensitivity (Kellogg v. Viola)?
Owner sues after landmark law stops construction of a skyscraper on top of her building.
What is not a taking under Penn Central? (Because some economic use remains)
After buying used batteries, a company refurbishes and resells them despite “single-use” label.
What is allowed under patent exhaustion (Impression v. Lexmark)?