Nuisance

Question 1

Private Nuisance

Answer 1

Private nuisance is a substantial and unreasonable interference with the use and enjoyment of the plaintiff’s property.

An interference is substantial if a normal person in the community would find the interference offensive, annoying, or intolerable—even if the plaintiff is not personally bothered by it.

Question 2

When does liability for private nuisance arise?

Answer 2

Liability for private nuisance arises when a defendant’s interference with the use and enjoyment of the plaintiff’s property is both:

1) substantial – offensive, annoying, or intolerable to a normal person in the community and
2) unreasonable – the severity of the plaintiff’s harm outweighs the utility of the defendant’s conduct

Therefore, a plaintiff who is not bothered by an interference with the use and enjoyment of his/her property can still prevail so long as a normal person in the community would find the interference offensive, annoying, or intolerable (i.e., the interference is still substantial).

Question 3

Public Nuisance Claim (visual)

Answer 3

Question 4

Public Nuisance

Answer 4

Public nuisance is an unreasonable interference with a right common to the general public.

As a result, a public nuisance suit is typically brought by a public entity (e.g., a state) and requires proof that:

i) the defendant interfered with a public right—e.g., affecting the public at large by emitting a noise that disturbs an entire neighborhood and
ii) that interference was unreasonable—i.e., it either (1) significantly affected public health, safety, peace, or property rights or (2) violated an ordinance, statute, or administrative regulation.

But when a public nuisance suit is brought by a private individual, that individual must also prove special damage—i.e., harm different from that suffered by the public at large. If the plaintiff does so, then the plaintiff is entitled to injunctive relief and/or monetary damages.

Question 5

Private Nuisance

Substantial interference is…

Answer 5

A substantial interference is one that would be:

• offensive,
• inconvenient, or
• annoying to a normal, reasonable person in the community.

A person with special sensitivities can recover only if the average person would be offended, inconvenienced, or annoyed.