Nuisance

Question 1

Nuisance

Answer 1

• An intentional invasion of either public or private property rights that substantially and unreasonably interferes with the peaceful and quiet enjoyment of these rights
• Note: nuisance is a harm caused by tort, not a tort itself
• Potential remedies: money damages, injunctive relief

Question 2

Private nuisance

Answer 2

• A substantial, unreasonable interference with another individual’s use or enjoyment of her property
• Note: an inteference can be substantial, but not unreasonable (e.g. trains pass through center of city and are required by safety regulations to blow their horns at crossings)

Question 3

Private nuisance: Substantial interference

Answer 3

• Substantial interference: must be offensive, annoying, or inconvenient to the average person in the community
• Interference is not substantial if P is hypersensitive or using property for a specialized, abnormal purpose

Question 4

Private nuisance: Unreasonable interference

Answer 4

• Severity of P’s injury must outweigh the utility of D’s conduct

Question 5

Public nuisance

Answer 5

• Unreasonable interference with health, safety, or property rights of the community at large
• Recovery is only available to a private party if she suffered unique damages not suffered by the public at large
• Usually brings public nuisance suits

Question 6

Coming to the nuisance

Answer 6

P can generally “come to the nuisance” (buying land next to an already existing nuisance) and pursue an action as long as P did not come to the nuisance for the sole purpose of bringing a lawsuit