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Trespass, Nuisance And A Violation Of Zoning Term Paper

¶ … trespass, nuisance and a violation of zoning laws. The first and perhaps most lucrative cause of action would be trespass. Trespass to land is an intentional tort to property. To establish a prima facie case for trespass to land, a plaintiff has to prove an act of physical invasion of the plaintiff's real property by the defendant; intent on the defendant's part to bring about a physical invasion of the plaintiff's real property; and causation. (Barbri, Torts, 8) In trespass, the defendant need not himself enter onto the plaintiff's land: Trespass exists where the defendant floods the plaintiff's land, throws rocks onto it or chases third persons onto it, etc. (Barbri, Torts, 9)

In...

(Barbri, Torts, 9)
Under nuisance law, since Bob didn't "come to the nuisance," he can sue Jim for violating his peaceful enjoyment of his property as well.

And under the constitutionally recognized zoning law, Bob can bring a suit…

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Barbri: Multistate Review. 2000. New York: Harcourt.
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