Legal Memo for Private Nuisance Claim Essay

Mr. Potbelly holds a garage sale at his home. Mr. Slim Jim stops by the sale and upon noticing a rare piece of art pottery offers a price of $100 for the art that is marked $250. Mr. Potbelly accepts Mr. Slim Jim’s offer. Mr. Potbelly informs Mr. Slim Jim he is selling his home because he is moving up north because he has lost his job. Mr. Slim Jim asks how much he is selling it for and Mr. Potbelly informs him he is thinking $75,000. Mr. Slim Jim offers him $70,000 cash for the property which Mr. Potbelly immediately accepts the offer. Mr. Slim Jim informs Mr. Potbelly that he will be back in one hour with a cashiers’ check made payable to Mr. Potbelly. Mr. Potbelly says “Great!” and that while Mr. Slim Jim

This memorandum assesses the merits of Anne Peters’ in West Palm Beach, Florida, for possible claims against Don and Betty Detman for intentional infliction of emotional distress and for violation of Florida’s Spite Fence statute.

Outside of having backyard chickens as a means to make a profit, potential owners may want them simply as pets or for their quality eggs or to help fertilize the yard. Just like cats and dogs, backyard chickens are pets too. As all pets, they too can support an emotionally positive lifestyle and help contribute to individual mental health from the daily interactions and caring for them. Raising chickens allow owners to give them good quality feed which, in turn, will provide their families with healthier eggs to eat – with less saturated fat and cholesterol than the eggs bought at the grocery store. As we are all aware, manure is a precious commodity for a garden. Instead of having to periodically purchase manure for the upkeep of a garden, backyard chickens would regularly create the manure for that gardener. So, regardless of whether you support or oppose backyard chicken ownership, the choice should be made by those who wish to have backyard chickens; as long as all regulations are

This is to invite your urgent attention to the constant garage and debris that has been accumulating on this site space 222 of Knolls Lodge Mobile Park in Torrance, California 90501 since 2014. For 2 ½ years this home has been an eye sore and a violation of the rental agreement at Knolls Lodge Mobile Park. As a result, heaps of garage, broken parts of metal, broken toys, washer and dryer, extension cords running all over the place, dry plants, car that is leaking oil on jacks, dog feces that is considered unhealthy, provides unsafe conditions and serious health hazards for the community, surrounding neighbors. I am the neighbor next door space 221 that has complaint that this resident has blocked my back door with these same obstructions

There is no dispute that David was not invited to swim in the homeowners pool. David had previously received oral notice from the homeowner to stay off his property. I do believe that the Thomas’s can argue the attractive nuisance doctrine.

From the owner’s point of view, I could be empathetic toward his reasoning for not wanting his customers driven off by harassment and badgering (p.53). His opinion of the situation was in stark contrast to mine. He believed that any transient who wandered by would be detrimental to his business and that they needed to

Firstly, the Katz two-prong precedent should be applied. Although Kyllo’s home passes the first test, demonstrating an expectation of privacy from the public naked eye in his activities, no measures were taken to conceal the waste heat emanating from his house. Continuing, the Katz case addresses the plaintiff’s protection from the uninvited ear, but not the “intruding eye.” However, the agents merely conducted observations of the exterior of the building, not even

A nuisance involves one person's unreasonable use of land, which interferes with the enjoyment and use of adjoining land by other persons or a community.

their barking dogs create. The town government can make it illegal to disturb the peace

The second issue is the tort of nuisance, which could be compared to the tort of trespass to land. “Nuisance occurs when the defendant unreasonably interferes with the plaintiff’s use and enjoyment of its own land.” (McInnes, 112) Once Maldini recognized who Smiley was, his enjoyment of land was interfered with. Maldini was worried that Smiley

On 09/11/16 at 5:57pm, I Deputy Warden N. Christian was dispatched to 841 Crevis Lane on a possible nuisance dog; dog still at large, threat to safety. I arrived at the location and spoke to complainant John Haywood. Mr. Haywood stated that he was going to his vehicle to put his daughter car set in when the neighbor’s dog came from behind him and started growling and barking at him. Mr. Haywood ran into the garage to get away. He contacted Franklin County Animal Care and Control due to the dog being previously designated dangerous. Mr. Haywood recorded the dog loose near his vehicle. I advised Mr. Haywood if he know if the dog was still loose, Mr. Haywood was unsure. I advised him I will need to check with the dog owners to make sure the dog has return home and I will return to talk to him.

On 09/04/17, at approximately 8:27pm I Deputy Warden N. Christian with Franklin County Animal Care and Control (FCACC) was dispatched to 5841 Riverton Road, on a dog at large, known owner. I arrived at the location and spoke to complainant Bonnie Fisher. Ms. Fisher stated a dog residing 5833 Riverton Road is loose in the area. Ms. Fisher stated that this is not the first incident of the dog being loose. I drove to the above stated address, I knocked on the door and received no answer. I walked to the side of 5837 and 5833 Riverton Road, as I did a pit bull (brown/white) came from the backyard of 5833 Riverton Road towards me. The pit bull approached me off leash and off property. I utilized my snare pole to capture the pit bull, I guided the pit bull to my vehicle. Realizing the pit bull was not acting aggressively, I took off the snare pole and placed a leash around the pit bull. I returned to the backyard of 5833 Riverton Rd, and saw a terrier (brown/black) in a small cage. I did not see any current dog license on

Mr. Cone stated unknown subjects came to the landing on last night and camped out throughout the night. He stated a large crowd started a fire pit while standing around drinking alcohol beverages. He then stated he sat on his porch and watched the subjects for a period of time to see if Law Enforcement would show their presence. He continued to he woke up this morning and observed the landing left with trash all over the place. He advised a pickup truck was left on the landing with a flat tire. He was not familiar who the vehicle belongs to.

Whether Sherman, under the attractive nuisance doctrine, will likely prevail against Carlisle for multiple injuries he sustained in a fall from wooden steps of a tree house in disrepair while trespassing upon Carlisle’s property when: (1) Carlisle was aware that the neighborhood surrounding his property was populated with children; (2) a severe storm had damaged Carlisle’s property and exposed the previously concealed tree house; (3) Sherman was six years of age at the time of his injury; (4) Carlisle had little incentive to make repairs to the tree house prior to the storm because of its concealment; (5) immediately following the storm, Carlisle made arrangements with a contractor at a higher than average rate to make

Under the common law, persons in possession of real property (land owners, lease holders etc.) are entitled to the quiet enjoyment of their lands. However this doesn't include visitors or those who aren't considered to have an interest in the land. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.