Borland v. Sanders Lead Co

In Borland v. Sanders Lead Co., 369 So. 2d 523 (Ala. 1979) the Court stated: "Whether an invasion of a property interest is a trespass or a nuisance does not depend upon whether the intruding agent is 'tangible' or 'intangible.' Instead, an analysis must be made to determine the interest interfered with. If the intrusion interferes with the right to exclusive possession of property, the law of trespass applies. If the intrusion is to the interest in use and enjoyment of property, the law of nuisance applies." Id. at 529.