Nuisance

Question 1

Generally

Answer 1

Interference with use/enjoyment of real estate

Question 2

Private Nuisance

Answer 2

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

Scenarios

Answer 3

Inconsistent land use
Spite cases
Gross inconsideration cases

Question 4

Public Nuisance

Answer 4

An act that unreasonably interferes with the HEALTH, SAFETY, or PROPERTY RIGHTS of the COMMUNITY

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

Question 5

Coming to the nuisance

Answer 5

Defense. Can’t come to the nuisance and then complain about it.