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12 Cards in this Set

  • Front
  • Back
SOCIAL UTILITY ANALYSIS
MUST COMPARE THE GRAVITY OF HARM WITH SOCIAL VALUE OF OFFENDING PARTY
COMMON ENEMY DOCTRINE
COMMON LAW DOCTRINE THAT WATER IS A COMMON ENEMY--I.E. NO LIABILITY IN FENDING OFF THE COMMON ENEMY BY BUILDING A RETAINING WALL WHICH KEEPS WATER OFF YOUR LOT AND ON ANOTHER--CHANGED WITH LAW OF REASONABLE USE
LAW OF REASONABLE USE
YOU ARE ENTITLED TO USE YOUR LAND IN A MANNER THAT IS REASONABLE IN RELATION TO YOUR NEIGHBOR
WHAT RULE DOES TX FOLLOW WITH RESPECT TO GROUND WATER AND SUBJACENT SUPPORT? WHAT DOES THIS MEAN?
ENGLISH; THIS MEANS THAT WATER IS CONSIDERED PART OF THE SURFACE ESTATE, AND A LANDOWNER HAS THE RIGHT TO PRODUCE AS MUCH AS HE CAN OUT FROM UNDER HIS OWN LAND
WHAT ARE SOME EXCEPTIONS TO THE ENGLISH RULE CONCERNING GROUNDWATER?
CANNOT WILLFULLY AND WANTONLY WASTE WATER; CANNOT CAUSE MALICIOUS INJURY TO A NEIGHBOR BY REMOVAL; CANNOT BE NEGLIGENT
IN TX, WHAT IS THE LIABILITY IF LAND IN ITS NATURAL STATE IS INJURED BY LACK OF LATERAL SUPPORT? WHAT ABOUT A BUILDING?
STRICT LIABILITY; IF BUILDINGS ARE DAMAGED, IT REQUIRES NEGLIGENCE
CAN A TRESPASS WHICH IS CONTINUOUS BECOME A PRIVATE NUISANCE?
YES; EX: SWINGING A CRANE IN AN ARC OVER LAND, MAINTAINING STRINGS OR WIRES ACROSS LAND, ETC.
TEMPORARY NUISANCE
ACTIVE OPERATION IS ESSENTIAL TO ITS CONTINUANCE AS A NUISANCE
PERMANENT NUISANCE
IT IS PASSIVE AND CREATED BY A DURABLE ARTIFICIAL THING
IS THERE GENERALLY LIABILITY IF ONE EXCAVATES ON THEIR LAND AND SUCH EXCAVATION RELEASES WATER OR OIL FROM UNDER HIS NEIGHBHOR'S LAND, CAUSING THE NEIGHBOR'S LAND TO SINK?
NO
IS THERE GENERALLY LIABILITY IF ONE EXCAVATES ON THEIR LAND AND SUCH EXCAVATION RELEASES SEMI-FLUID OR SOLID MATERIAL FROM UNDER HIS NEIGHBHOR'S LAND, CAUSING THE NEIGHBOR'S LAND TO SINK?
YES
WHAT IS THE DOCTRINE OF ANCIENT LIGHTS? DOES TX SUPPORT IT?
BLOCKING SUNLIGHT FROM NEIGHBOR'S LOT, WINDOWS, ETC.; NO