Nuisance

Question 1

Private Nuisance

Answer 1

Private Nuisance: Land invaded by intangibles (odors, noises) that
* substantially and unreasonably interfere with
* private individual’s use or enjoyment of property

Substantial and unreasonable interference:
* Substantial: offensive, inconvenient, or annoying to average person in community but NOT result of P’s hypersensitivity
* Unreasonable (court balancing): severity of injury to P OUTWEIGHS utility of D’s conduct

Balancing: Court considers neighborhood, land values, and alternative options/courses of conduct to D

Question 2

Public Nuisance

Answer 2

Public Nuisance: Land invaded by intangibles that
* unreasonably interfere with
* health, safety, or property rights of a
* BROAD segment of the community (not just 1-2 people)

Remedy only available if private party suffered unique damage that public at large didn’t suffer