Nuisance

Question 1

Nuisance in General

Answer 1

A nuisance is an invasion of property rights by tortious conduct

There are two types - public and private nuisance

Question 2

Private Nuisance

Answer 2

A private nuisance is a substantial, unreasonable interference with another private individual’s use or enjoyment of their property (actually posses or has a right of immediate possession)

Question 3

Substantial Interference (Private Nuisance)

Answer 3

an interference is substantial if it is offensive, inconvenient, or annoying to the average person in the community.

It is not substantial if it is merely the result of the plaintiff’s hypersensitivity or specialized use of their property.

Question 4

Unreasonable Interference (Private Nuisance)

Answer 4

to establish unreasonable interference, the severity of the inflicted injury must outweigh the utility of the defendant’s conduct.

The court takes into consideration that every person is entitled to use their land in a reasonable way, considering the neighborhood, land values, and existence of any alternative courses of conduct open to the defendant

Question 5

Public Nuisance

Answer 5

Public nuisance is an act that unreasonably interferes with the health, safety, or property rights of the community (using a building for prostitution)

Recovery by a private party is available for a public nuisance only if the private party suffered unique damages not suffered by the public at large

Question 6

Remedies for Nuisance

Answer 6

Damages - they are available and usually awarded (limitation in public nuisance)

Injunctive Relief - if the legal remedy of damages is unavailable or inadequate, injunctive relief will be awarded

Self-Held - In private nuisances, self help abatement is available after notice to the defendant and their refusal to act. Only necessary force may be used.

In public nuisance cases, only a public authority or a private party who has suffered some unique damage can seek an injunction or abatement.

Question 7

Coming to the Nuisance

Answer 7

one may come to a 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 suit.

Question 8

GA Nuisance Exception

Answer 8

Agricultural facilities such as farms are not subject to public or private nuisance actions if the facility has been in operation for two years or more unless the nuisance results from a negligent, improper, or illegal operation.