Nuisance

Question 1

Nuisance

Answer 1

A nuisance is an invasion of property rights by tortious conduct. There are two types of nuisance. Private and public.

Question 2

Private nuisance

Answer 2

Private nuisance is a substantial, unreasonable interference with another private individual’s use of 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.

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

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

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 of enjoyment.

Question 6

Public nuisance

Answer 6

Public nuisance is an act that unreasonably interferes with teh health, safety, or property rights of the community.

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 7

Remedies

Answer 7

Damages - P usually will be awarded damages.

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

Abatement by Self-help - In the case of private nuisance, self-help abatement is available after notice to the defendant and their refusal to act. Only necessary force may be used.

Question 8

Defenses

Answer 8

Legislative Authority - is not absolute defense but is persuasive: for example, zoning ordinance

Conduct of Others - no one actor is liable for all damage caused by concurrence of their acts and others

Contributory Negligence

Coming to the Nuisance - one may come to the 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.