Nuisance Flashcards

1
Q

Definition

A

Nuisance is an invasion of property rights by tortious conduct. There are two types of nuisance, private and public. 

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Private nuisance

A

Private nuisance is a substantial, unreasonable interference with another private individuals use or enjoyment of property that the other individual actually possesses or has a right of immediate possession. 

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Private nuisance - substantial interference

A

Substantial interference is 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, hypersensitivity or specialized use of their own property.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Private nuisance - unreasonable interference

A

To establish unreasonable, interference, required for nuisances, based on intent or negligence, the severity of the inflicted injury must outweigh the utility of the defendants conduct. And balancing these respective interests, courts take into account that every person is entitled to use their own land and a reasonable way, considering the neighborhood, land, values, and existence of any alternative courses of conduct open to the defendant.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Private nuisance - trespass to land distinguished

A

In a trespass, there is interference with the landowners exclusive possession by a physical invasion. In a private nuisance, there is an interference with use or enjoyment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Public nuisance

A

Public nuisance is an act that unreasonably interferes with the health, safety, or property rights of the community. For example, using a building for criminal activity, such as prostitution. Recovery for a private party is available for a public nuisance only if the private party suffered unique damage, not suffered by the public at large.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Remedies - Damages

A

The plaintiff usually will be awarded damages.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Remedies - injunctive relief

A

If the legal remedy of damages is unavailable or an adequate, for example, the nuisance will cause a repairable injury, injunctive relief will be awarded. In this case, the court will consider the relative hardships. However, hardships will not be balanced if the defendants conduct was willful.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Remedies - abatement by self-help

A

In the case of a private nuisance, self-help abatement is available after notice to the defendant and the 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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Defenses - legislative authority

A

Legislative authority for nuisance activity, for example, a zoning ordinance, is not an absolute defense, but it is persuasive.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Defenses - conduct of others

A

No one actor is liable for all damages caused by concurrence of their acts and others.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Defenses - contributory negligence

A

Contributory negligence generally is no defense to nuisance, unless the plaintiff case rest on a negligence theory

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Defenses - coming to the nuisance

A

One may come to a nuisance, purchasing land next to an already existing nuisance, and thereafter pursue in action. It is generally not a bar to the plaintiff action, unless the plaintive came to the nuisance for the sole purpose of bringing a harassing lawsuit.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly