Nuisance

Question 1

There are two types of nuisance:

Answer 1

private and public

Question 2

What is a private nuisance?

Answer 2

A substantial, unreasonable interference with another private individual’s use or enjoyment of property that the other individual actually possesses or has a right of immediate possession.

Question 3

Substantial interference

Answer 3

interference that is offensive, inconvenient, or annoying to the average person in the community

Question 4

unreasonable interference

Answer 4

to establish unreasonable interference, required for nuisances based on intent or negligence, the severity of the inflicted injury must outweigh the utility of the defendant’s conduct.

Question 5

trespass to land distinguished

Answer 5

in a trespass, there is an interference with the landowner’s exclusive possession by a physical invasion; in a private nuisance, there is an interference with use or enjoyment

Question 6

public nuisance

Answer 6

an act that unreasonably interferes with the health, safety, or property rights of the community