Bifalgorithm post · Property · The complaint alleges that the residence has a solar
133 Definition
133 Definition (Property · The complaint alleges that the residence has a solar) — "133 under this definition involve noxious odors, smoke, blasting, flooding,…
Ideas in this flowchart
- Standards for an actionable nuisance involving interference with solar access
- Nuisance may involve an invasion of another person's use and enjoyment of property
- Examples include noxious odors, smoke, blasting, flooding, and excessive light
- Dust and noise have practical differences from blockage of solar access
- Lawful construction complying with building codes and municipal regulations is not automatically an invasion
- Any construction may modify a neighboring view simply because the structure exists
- A nuisance is actionable only when the defendant's conduct satisfies the required legal conditions
- The conduct must be intentional and unreasonable
- The nuisance must cause significant harm to a normal person or normally used property
- The Restatement states that an invasion is not significant when normal persons in the locality would not be substantially annoyed or disturbed
- The majority's conclusion that lawful home construction can intentionally and unreasonably interfere with solar access is rejected
- Disturbances from bawdy houses, stored explosives, or fire hazards may indicate unreasonable or unlawful property use
