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LAND USE CONTROLS (PART 1): BY THE COURTS

§ 826. Unreasonableness Of Intentional Invasion. An intentional invasion of another’s interest in the use and enjoyment of land is unreasonable if:
(a) the gravity of the harm outweighs the utility of the actor’s conduct, or
(b) the harm caused by the conduct is serious and the financial burden of compensating for this and similar harm to others would not make the continuation of the conduct not feasible.

§ 827. Gravity Of Harm—Factors Involved. In determining the gravity of the harm from an intentional invasion of another’s interest in the use and enjoyment of land, the following factors are important:
(a) The extent of the harm involved;
(b) the character of the harm involved;
(c) the social value that the law attaches to the type of use or enjoyment invaded;
(d) the suitability of the particular use or enjoyment invaded to the character of the locality; and
(e) the burden on the person harmed of avoiding the harm.

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