Also known as: interfere · interferes · interfered · interfering · interferences · tortious interference
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
An interest that entitles the holder to protection from obstruction in the authorized use or enjoyment of land. The holder receives this protection against both the possessor of the servient land and third parties.
An interest that entitles the holder to protection from obstruction in the authorized use or enjoyment of land. The holder receives this protection against both the possessor of the servient land and third parties.
Landowner Quinn holds an easement across adjacent property owned by Rivera to reach a public road. Rivera erects a fence that prevents Quinn from driving vehicles along the path. Quinn obtains an injunction requiring removal of the fence because the obstruction prevents the authorized use.
Tenant Soto leases commercial space that includes a basement storage area under the lease terms. The landlord changes the locks on the basement door without notice and refuses entry. Soto terminates the lease and recovers damages because the landlord's conduct prevented a permissible use of the premises.
Conduct or statements that impair the fairness of a proceeding or the independence of professional judgment. Such interference violates duties of impartiality and client loyalty.
Judge Harlan issues a press release criticizing the defense strategy in a high-profile criminal trial still awaiting verdict. The defense moves to disqualify the judge, arguing the statement compromised the trial's fairness. The court grants the motion because the public statement created an appearance that the outcome could be affected.
Governmental action that intrudes upon fundamental privacy rights protected by the Constitution. Such interference with intimate personal decisions receives heightened scrutiny.
A state enacts a criminal statute prohibiting married couples from using contraceptives. A married couple challenges the law after being threatened with prosecution. The court invalidates the statute because the prohibition constitutes impermissible state interference with the fundamental right of marital privacy.
Conduct or statements that impair the fairness of a proceeding or the independence of professional judgment. Such interference violates duties of impartiality and client loyalty.
Governmental action that intrudes upon fundamental privacy rights protected by the Constitution. Such interference with intimate personal decisions receives heightened scrutiny.
Each sense below has its own examples, sources, and questions.
Homeowner Torres possesses an easement across a neighbor's yard that preserves an ocean view. The neighbor plants a row of fast-growing trees that eventually block the view entirely. Torres sues successfully to compel removal of the trees because the planting constitutes interference with the easement's authorized use.
Interference with an easement or leasehold interest occurs when conduct obstructs the authorized use even without entering the dominant or leased property. The holder may obtain injunctive relief or damages once the obstruction is shown, without proving an entry onto the land.
Client Patel accepts payment of legal fees from a business associate who is not a party to the litigation. The associate later attempts to direct strategy in the case. Patel's lawyer withdraws because the arrangement creates an unacceptable risk of divided loyalty.
A judge must avoid any public statement that a reasonable observer would expect to affect the outcome or impair fairness of a pending or impending matter. Nonpublic statements that substantially interfere with a fair trial are likewise prohibited.
A lawyer may not accept compensation from a non-client unless the client gives informed consent, the arrangement creates no interference with professional judgment or the client relationship, and confidentiality is preserved. Any pressure from the payor that influences strategy violates the rule.
No. The right protects the marital relationship from any state interference that significantly burdens intimate decisions, including laws that condition marriage on payment of child support or that prohibit contraceptive use by married couples.
…patient's pregnancy should be terminated. If that decision is reached, the judgment may be effectuated by an abortion free of interference by the State. Pp. 163-164. (d) For the stage subsequent to approximately the end of the first trimester, the State, in promoting its interest in the health of the mother, may, if it…