The possessor of land has the right to be free from trespass and nuisance.
- Trespass: the invasion of land by tangible, physical object.
- To remove a trespasser, bring an action for ejectment.
- Private nuisance: substantial and unreasonable interference with another’s use and enjoyment of land.
- Odors and noise could give rise to a nuisance, but not a trespass since unlike trespass, nuisance does not require tangible, physical invasion.
- Nuisance and the hypersensitive plaintiff:
- EX: A operates a dog kennel located near a power plant. A notices that her dogs are chronically agitated, causing her to lose business. She learns that the power plant emits a high frequency sound heard by animals but not humans. A sues the plant for nuisance. A LOSES because A’s use is considered hypersensitive.