Real Property: Possessor's Rights


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.