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12 Cards in this Set
- Front
- Back
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SOCIAL UTILITY ANALYSIS
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MUST COMPARE THE GRAVITY OF HARM WITH SOCIAL VALUE OF OFFENDING PARTY
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COMMON ENEMY DOCTRINE
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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
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LAW OF REASONABLE USE
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YOU ARE ENTITLED TO USE YOUR LAND IN A MANNER THAT IS REASONABLE IN RELATION TO YOUR NEIGHBOR
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WHAT RULE DOES TX FOLLOW WITH RESPECT TO GROUND WATER AND SUBJACENT SUPPORT? WHAT DOES THIS MEAN?
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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
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WHAT ARE SOME EXCEPTIONS TO THE ENGLISH RULE CONCERNING GROUNDWATER?
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CANNOT WILLFULLY AND WANTONLY WASTE WATER; CANNOT CAUSE MALICIOUS INJURY TO A NEIGHBOR BY REMOVAL; CANNOT BE NEGLIGENT
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IN TX, WHAT IS THE LIABILITY IF LAND IN ITS NATURAL STATE IS INJURED BY LACK OF LATERAL SUPPORT? WHAT ABOUT A BUILDING?
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STRICT LIABILITY; IF BUILDINGS ARE DAMAGED, IT REQUIRES NEGLIGENCE
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CAN A TRESPASS WHICH IS CONTINUOUS BECOME A PRIVATE NUISANCE?
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YES; EX: SWINGING A CRANE IN AN ARC OVER LAND, MAINTAINING STRINGS OR WIRES ACROSS LAND, ETC.
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TEMPORARY NUISANCE
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ACTIVE OPERATION IS ESSENTIAL TO ITS CONTINUANCE AS A NUISANCE
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PERMANENT NUISANCE
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IT IS PASSIVE AND CREATED BY A DURABLE ARTIFICIAL THING
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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?
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NO
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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?
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YES
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WHAT IS THE DOCTRINE OF ANCIENT LIGHTS? DOES TX SUPPORT IT?
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BLOCKING SUNLIGHT FROM NEIGHBOR'S LOT, WINDOWS, ETC.; NO
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