Nuisance

Nuisance Generally

Nuisance is an invasion of property rights by tortious conduct. Nuisance can be public or private

Private Nuisance, generally

Private nuisance is a substantial, unreasonable interference with another private individual’s use or enjoyment of property that the other individual actually possess or has a right of immediate possession

Private Nuisance Substantial Interference

Interference that is offensive, inconvenient, or annoying to the average person in the community. It is not substantial if it is merely the result of P’s hypersensitivity or specialized use of their own property. Routine and relatively innocuous activity such as mowing the lawn early in the morning does not constitute a substantial interference

Private Nuisance: Unreasonable Interference

Based on intent or negligence. The severity of the inflicted injury must outweigh the utility of the defendant’s conduct. In analyzing this balance, courts take into account that every person is entitled to use their own land in a reasonable way as well as the neighborhood, land values, and existence of alternative courses of conduct for the defendant

Private Nuisance vs Trespass to Land

Trespass is an interference with the landowner’s exclusive possession while nuisance is an interference with use or enjoyment. Trespass also requires a physical invasion of the plaintiff’s property

Public Nuisance

Public nuisance is an act that unreasonably interferes with the health, safety, or property rights of the community as a whole. Recovery by a private party is available for a public nuisance only if the private party suffered unique damage not suffered by the public at large

Remedies: Damages

Plaintiffs will usually be awarded damages

Remedies: Injunctive Relief

If the legal remedy of damages is unavailable or inadequate, injunctive relief will be awarded. Hardships to P and D will be weighed unless D’s conduct was willful

Remedies: Abatement by Self-Help

In private nuisance cases, self-help abatement is available after notice to D and D’s refusal to act. Only necessary force may be used. In public nuisance cases, only a public authority or a private party who has suffered some unique damage can seen an injunction or abatement

Defenses: Legislative Authority

Legislative authority for nuisance activity, such as a zoning ordinance, is persuasive but is not an absolute defense

Conduct of Others

No one actor is liable for all damage caused by concurrence of their acts and others

Contributory Negligence

Contributory negligence is only really a defense to nuisance if P’s case rests on a negligence theory

Coming to the Nuisance

One may “come to a nuisance” and thereafter pursue an action, and it is generally not a bar to P’s action unless P came to the nuisance for the sole purpose of bringing a harassing lawsuit.