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9. In a suit by the vacationer against the neighbor, will the vacationer prevail?
The neighbor built a dam on her property that has completely stopped the flow of the stream to the vacationer's property. The dam unreasonably interferes with the use and enjoyment of the vacationer's property but was built in conformity with all applicable laws.
For 10 years, a vacationer and a neighbor have owned summer vacation homes on adjoining lots. A stream flows through both lots. As a result of a childhood swimming accident, the vacationer is afraid of water and has never gone close to the stream.
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B is incorrect. Nuisance does not require proof of intent.
C is incorrect. Private nuisance covers both use and enjoyment. For example, interference with the vacationer's enjoyment from viewing of the stream would be sufficient to sustain a private nuisance action.
D is incorrect. Conformity with all applicable laws does not foreclose a nuisance action. Because there is unreasonable interference with the vacationer's use and enjoyment of his property, the vacationer will prevail.