• S2. Ep. 6: Nuisance: Resolving Conflicts Between Free Use and Quiet Enjoyment

  • Sep 29 2024
  • Length: 15 mins
  • Podcast

S2. Ep. 6: Nuisance: Resolving Conflicts Between Free Use and Quiet Enjoyment

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  • Summary

  • Examining the conflicts that arise when one landowner’s use of their land negatively affects the use and enjoyment of a neighbour's land. The primary focus is on how the courts weigh competing interests, balancing the right to use one’s property with the duty not to harm one’s neighbour. Key themes include the “reasonable use” doctrine, which seeks to find a balance between property rights and neighbourly obligations, and the Coase Theorem, which suggests that economic efficiency can be achieved regardless of the initial allocation of property rights if transaction costs are low. We'll illustrate these concepts through a series of case studies that examine specific types of nuisance disputes, including noise, air pollution, light obstruction, water rights, and lateral support.


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