Nuisance

Question 1

Remedies available for nuisance

Answer 1

1. damages
2. injunctive relief
3. self-help available for private nuisance

Question 2

A private nuisance action requires a showing that

Answer 2

the defendant substantially and unreasonably interfered with the use and enjoyment of the plaintiff’s real property.

NOTE: the P must own or rent the property in order to pursue a private nuisance claim

Question 3

Under a private nuisance action, for a D’s interference with P’s use and enjoyment of P’s property to be characterized as unreasonable,

Answer 3

the severity of the inflicted injury must outweigh the utility of the defendant’s conduct

Question 4

A public nuisance is

Answer 4

an interference with the right of the community at large

Question 5

It is NOT necessary for a majority of the population to be affected for there to be a nuisance…but more than one person must be affected for a nuisance action