Nuisance Flashcards
What is a nuisance?
An invasion of property rights by tortious conduct.
What are the two types of nuisances?
1) Private
2) Public.
What is a private nuisance?
A substantial, unreasonable interference
2) with another’s use or enjoyment or property they they possess/can possess
What is the key term to look out for on nuisance MBE questions?
“Substantial”
What is substantial interference?
Interference that is offensive, inconvenient, or annoying to average person in community.
What is the unreasonable interference balancing test for nuisances?
Inflicted injury must outweigh utility of defendant’s conduct.
What is the difference between trespass to land and private nuisance?
Trespass to Land is interference with landowner’s exclusive possession.
Private nuisance is interference with use or enjoyment.
What is a public nuisance?
An act that unreasonably interfere with health,safety, property rights of the community.
When is private individual able to recover during public nuisance actions?
If private party suffered unique damage not suffered by public at lage.
