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Anglo-American jurisprudence: express private agreements and nuisance law to police land use. Private land use agreements typically contained prescriptions on actions related to land or placed affirmative duties upon the parties in relation to their control or ownership of land, and were usually seen in the form of easements or covenants which could be invoked in the event of a breach.25 Nuisance law generally allowed persons to address harmful actions by neighbors or others which were not covered by pre-existing agreements.26 These traditional land use control mechanisms had significant limits, however, which became all too obvious in the dawn of the twentieth century. First, private land use agreements were not always in place before a problem arose and hence could not be called upon to resolve such problems. Next, even though using nuisance law required no prior agreement between the parties, there were some land uses which, while objectionable to others, did not meet the traditional standard for nuisance.�' A nuisance occurs when one landowner uses her land so as to unreasonably interfere with another landowner's use and enjoyment of her land.28 The key is reasonableness, which varies from case to case and is highly fact-specific. Uses that merely offend the aesthetic sensibilities of one party are not necessarily nuisances, a limitation which often substantially reduced the potency of the nuisance �s Michael D. Bayles, Principles of Law: A Normative Analysis 111-113 (1987). 26 William J. Novak, The People's Welfare: Law and Regulation in Nineteenth Century America 61-62 (1996); see also Bayles, supra note 25, at 235-236. �' See e.g., Jesse Dukeminier & James E. Krier, Property 951-952 (2002) citing Elmer S. Forbes, Rural and Suburban Housing, in Proceedings of the Second National Conference on Housing (1912) (discussing the harms caused by the locating of Chinese laundries, garages, and other unpleasantries near the expensive homes of wealthy landowners). 28 Bayles, supra note 25, at 235-236. 10