QUESTION 3. Read the following paragraphs on the subject of nuisance law, the fact situation that follows, and answer the bulleted questions:
The law of nuisance. This law imposes a duty upon landowners to prevent nuisances that could adversely affect the property of an adjoining owner. “Nuisance” is “a substantial interference with the right to use and enjoy the land,” and it is based upon the defendant’s activity or neglect. If a nuisance conflicts with another person’s “quiet enjoyment” of the use of the adjoining property, a cause of action lies including the right to seek an injunction ordering the end of the nuisance by removal, repair, rehabilitation or demolition. The burden of proof is on the party claiming the nuisance and damages can be assessed against the defendant if the plaintiff has been injured.
Fact situation. Arnold and Betty are neighbors. Betty’s lot is totally overgrown with trees, shrubs, flowering plants, and other vegetation. More than 20 mature tree branches overhang Arnold’s property, and dead branches have fallen into the yard, which required professional removal. Numerous shrubs and plants grow wild and have overrun portions of Arnolds’ property. Arnold has met with Betty to resolve this situation on at least ten occasions, especially during the past three growing seasons, but without success.
Arnold, extremely angry about this situation, brought an extension ladder, several saws and other equipment onto Betty’s property and cut down the trees with branches that had been overhanging his property. Betty called police, who arrested Arnold for trespass and other misdemeanors.
Questions:
Arnold shouldn't have entered Betty's property at all because it's purely a trespassing act. He could have reported it to the police because it clearly comes under the nuisance class. On the other hand Arnold would have cut the branches that fell on his property from his own property without entering into Betty's property.
They both would have resolved this issue by mutually agreeing to
cut the branches that reach Arnold's property. Good fences make
good neighbors, so Betty could have understood that the branches of
her trees fall in Arnold's property.
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QUESTION 3. Read the following paragraphs on the subject of nuisance law, the fact situation that...
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