(CA) Lick Mill Creek Apartments v. Chicago Title Insurance Co Land contamination requiring cleanup affect marketability of title doesn’t Different outcome if government had put a lien on the property (NJ) Walker Rogge Inc. v. Chelsea Title and Guarantee Co. Land purchased with price based on size of plot, survey was incorrect, a Δ had correct survey but mention it didn’t Without a in the title, or an from to recital of acreage agreement run a title Δ there is no duty regarding the records search, NUISANCE Who is the best cost/nuisance avoider??? – Rule Private nuisance is an on land that act or condition substantially and – Δ’s interferes with the use and enjoyment of land unreasonably Π’s Factors Extent and character of the harm Social value attached to use or enjoyment Π’s Social value the law attaches to conduct and suitability of activities to the Δ’s Δ’s character of the general locality Burden on to avoid the harm Did come to the nuisance? Π Π No nuisance for ugly shit Analysis Threshold Under Coase it is a nuisance if the best cost-avoider caused it. – What happens if court finds a nuisance? What happens if court does not find a nuisance? Which outcome will drive the more efficient solution? Note the 2-way monopoly Propose a rule Who has the burden and are they in the best position to avoid conflict? How easy is it to administrate? Was the user abnormally sensitive? Coase Theorem As long as only economic interests are at stake, the legal rule – won’t affect the outcome absent transaction costs Balancing test using factors from above Remedies – Abate activity and grant injunction (Morgan/Estancias) Intentional invasion Liability when unreasonable – Unintentional Liability when negligent, reckless, or ultrahazardous – Have pay damages but allow activity to continue (Boomer) Δ Let continue and tell to fuck himself Δ Π Abate the activity and have pay damages to (Spur) Π Δ CONSIDER EACH, WEIGHT BOTH SIDES
Lick Mill Creek Apartments v. Chicago Title Insurance Co (CA) Land contamination requiring cleanup doesn’t affect marketability of title Different outcome if government had put a lien on the property Walker Rogge Inc. v. Chelsea Title and Guarantee Co. (NJ) Land purchased with price based on size of plot, survey was incorrect, Δ had a correct survey but didn’t mention it Without a recital of acreage in the title, or an agreement from Δ to run a title search, there is no duty regarding the records NUISANCE – Who is the best cost/nuisance avoider??? Rule – Private nuisance is an act or condition on Δ’s land that substantially and unreasonably interferes with the use and enjoyment of Π’s land Factors Extent and character of the harm Social value attached to Π’s use or enjoyment Social value the law attaches to Δ’s conduct and suitability of Δ’s activities to the character of the general locality Burden on Π to avoid the harm Did Π come to the nuisance? No nuisance for ugly shit Analysis Threshold – Under Coase it is a nuisance if the best cost-avoider caused it. What happens if court finds a nuisance? What happens if court does not find a nuisance? Which outcome will drive the more efficient solution? Note the 2-way monopoly Propose a rule Who has the burden and are they in the best position to avoid conflict? How easy is it to administrate? Was the user abnormally sensitive? Coase Theorem – As long as only economic interests are at stake, the legal rule won’t affect the outcome absent transaction costs Remedies – Balancing test using factors from above Abate activity and grant injunction (Morgan/Estancias) Intentional invasion – Liability when unreasonable Unintentional – Liability when negligent, reckless, or ultrahazardous Have Δ pay damages but allow activity to continue (Boomer) Let Δ continue and tell Π to fuck himself Abate the activity and have Π pay damages to Δ (Spur) CONSIDER EACH, WEIGHT BOTH SIDES
Property_Outline_Sterk_Spring_2012.docx