Nuisance

Question 1

Private Nuisance

Answer 1

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.

(1) Substantial Interference
An interference that is offensive, inconvenient, or annoying to the average person in the community. Not enough if it is merely the result of the plaintiff’s hypersensitivity or specialized use of their own property.

(2) Unreasonable Interference
The severity of the inflicted injury must outweigh the utility of the defendant’s conduct. Courts consider that every person is entitled to use their own land in a reasonable way, considering the neighborhood, land values, and existence of any alternative courses of conduct open to the defendant.

MBE NOTE: Look for the same verbiage- the defendant is liable because the activity created a “substantial” (or “unreasonable”) interference with the plaintiff’s use of their land.

Question 2

Public Nuisance

Answer 2

An act that unreasonably interferes with the health, safety, or property rights of the community (e.g., using a building for prostitution.)

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.

Question 3

Coming to the Nuisance

Answer 3

One may “come to a nuisance” (purchasing land next to an already existing nuisance) and, thereafter, pursue an action.

It is generally not a bar to the plaintiff’s action unless the plaintiff “came to the nuisance” for the sole purpose of bringing a harassing lawsuit.