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Torts Related to Real Estate
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Trespass to Land
Trespass to land occurs when a person enters or remains on land owned by someone else without permission. Example: A neighbor entering your fenced property without consent to retrieve a ball.
Nuisance
A nuisance is an act that is harmful or offensive and interferes with someone’s use and enjoyment of property. Example: A factory emitting foul odors affecting nearby residents.
Negligence
Negligence in the context of real estate is the failure to take reasonable care to avoid causing injury or loss to another person or property. Example: A construction company leaves a hole uncovered, leading to a passerby's injury.
Easement by Prescription
An easement by prescription is the right to use another person’s land for a specific purpose, established by long-term use. Example: Gaining the right to cross a neighbor's property because you've done so for many years.
Adverse Possession
Adverse possession allows someone to claim ownership of land under certain conditions of continuous and exclusive possession. Example: Acquiring title to land after openly living on and maintaining it for a statutory period.
Slander of Title
Slander of title is the making of a false statement that disparages a property’s title, causing financial loss. Example: Incorrectly telling potential buyers a property is encumbered by a lien, deterring sale.
Strict Liability
Strict liability for real estate torts involves holding a party liable for damage without requiring proof of negligence. Example: An owner of an excavating company is held liable for damage caused by blasting operations to nearby buildings.
Encroachment
Encroachment occurs when a property owner builds something that intrudes on or over another person's land. Example: Constructing a fence that extends into a neighbor’s yard.
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