My Tree Versus Your Solar Collector or Your Well Versus My Septic System? — Exploring Responses to Beneficial but Conflicting Neighboring Uses of Land
R. Lisle Baker
Suffolk University Law School
February 20, 2012
Boston College Environmental Affairs Law Review, Vol. 37, p. 1, 2010
Suffolk University Law School Research Paper No. 12-14
When one neighbor wants to use his land for a lawful purpose, but the neighbor next door wants to do the same so that their beneficial uses conflict, how might these conflicts be resolved? The conventional law of nuisance offers either a rationale based on fault or a general standard of what is “reasonable,” both of which require litigation to apply to a particular context. This Article suggests that resolving conflicts between neighboring beneficial uses of land would be aided by guidelines which might be grounded in some understandable norms to provide such neighbors with a sense that rough justice is being served. Two such norms appear helpful: priority in time and examining which of the two beneficial uses appears to be the more intrusive of the neighboring land. The hope is that such guidelines might facilitate resolution where hard feelings or litigation might otherwise result.
Number of Pages in PDF File: 41Accepted Paper Series
Date posted: February 20, 2012
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