Bifalgorithm post · Property · The complaint alleges that the residence has a solar
134 Even
134 Even (Property · The complaint alleges that the residence has a solar) — "134 even though the idiosyncrasies of the particular plaintiff may make it unendu…
Ideas in this flowchart
- The plaintiff’s solar heating system is an unusually sensitive use.
- The defendant’s proposed construction would not ordinarily interfere with the use and enjoyment of property.
- The relevant standard concerns the usual person’s property use and enjoyment.
- The particular plaintiff’s idiosyncrasies may nevertheless make the interference unendurable to him.
- The unusual sensitivity of the plaintiff’s use distinguishes it from ordinary property use.
- This principle is supported by Comment d.
- The principle is also referenced in W. Prosser, section 87, at page 578.
