Nuisance
What are the 2 remedies for nuisance?
Injunction and damages
___ is not a defense to trespass
Mistake/ Good faith
Elements of Adverse Possession
Actual, Continuous, Exclusive, Hostile, Open and Notorious, Statutory period
O grants "To A, for life". A has
A Life estate
The future interest belonging to a Fee simple Subject to a Condition Subsequent
Right of re entry
Elements of Nuisance
Intentional, Non-trespassory, Unreasonable, Substantial Interference, Use and enjoyment of Plaintiffs land
Taylor gives her friend Alex permission to enter her property to pick up a package from the front porch. After picking it up, Alex walks around to Taylor’s backyard to look at her new pool for 15 seconds. Is this trespass?
Trespass
3 disabilities that toll Adverse Possession
Infancy (minority), Incarceration, Insanity
"To A, and his heirs". The words and his heirs are
Words of limitation
The words of limitation that indicate a fee simple determinable
Temporal (While, Until, Unless, During, So long as)
In most states, the mere appearance of a thing does not make it a nuisance. This is called
an aesthetic nuisance
When danger threatens the defendant, they may act in an emergency to protect or advance their own interests in a reasonable manner under the circumstances.
Private Necessity
Under the doctrine of tacking, adverse possession periods of two or more successive occupants may be added together to meet the statutory period, provided there is
Privity
4 states a Fee Tail can be created in
Main, Delaware, Massachusetts, Rhode Island
The doctrine of ___ does not apply to the defeasible estates
Waste
Who may bring a public nuisance action?
the government or someone suffering specialized harm
___ serves as an absolute defense to trespass
Public necessity
An adverse possessor with color of title is deemed to be in ____________ possession of the entire property, even if they only occupy part of it.
Constructive
a type of life estate that gives someone the right to use a property for the duration of another person's life, rather than their own.
Life estate Pur autre vie
Difference between a Fee Simple Determinable and Fee Simple subject to an Executory Limitation
A fee simple subject to executory limitation automatically divests in favor of a third party that is not the transferor (grantor).
an act, structure, or condition that is legally considered a nuisance regardless of its circumstances or location, often because it violates a statute or is inherently dangerous to public health, safety, or morals.
Nuisance per se (The plaintiff doesn’t need to prove it’s “unreasonable” in their case - it's ALWAYS a unreasonable because it is usually illegal.)
Trespass Definition (all elements must be given)
The intentional, unlawful ,physical invasion of real property in which the plaintiff is the rightful owner or has rightful and exclusive control of the property
3 instruments you can gain color of title through
Deed, Court Judgement, & Will
O conveys “to A for 3 months”
A has a Term of Years Tenancy for 3 months
When does the statutory time for adverse possession begin for a Fee Simple Subject to a Condition Subsequent
Once the holder of the right of re entry asserts their right after the breaking of the condition (not automatically)