In cases dealing with damages to real property (e.g., nuisance, trespass, inverse condemnation, etc.), the measure of damages is generally the difference in the (1) fair market value of the property before and after the injury or the (2) cost of restoring the property, whichever is the lesser amount. Farmer’s Mut. Fire Ins. Co. v….
Legal Articles
Real Estate Ejectment, Disputes
Real estate disputes come in different forms: breach of contract claims arising out of real estate sales (both commercial and sale), ownership disputes, deed problems, adverse possession, private/public nuisance, etc. One of the more fundamental disputes that can arise is when another person takes possession of even a small parcel of real property you own….
The Importance of Damages in Litigation
To make the prosecution of any civil case worthwhile, there has to be sufficient damages to justify the time and expense of litigation. Very often we receive questions which, based on how the factual circumstances are presented, suggest that liability exists, but the damages complained of do not warrant the filing of a case. For…
Nuisance: Land and Real Estate
Nuisance is not a stand-alone tort with its own special rules. Rather, a nuisance is a type of harm — the invasion of either private property rights or public rights, intentionally or negligently. More often than not, however, nuisances generally are intentionally interferences with someone’s use or enjoyment of his or her land/real estate. Nuisance…