Nuisance Flashcards
Definition
Nuisance is an invasion of property rights by tortious conduct. There are two types of nuisance, private and public. 
Private nuisance
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. 
Private nuisance - substantial interference
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.
Private nuisance - unreasonable interference
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.
Private nuisance - trespass to land distinguished
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.
Public nuisance
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.
Remedies - Damages
The plaintiff usually will be awarded damages.
Remedies - injunctive relief
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.
Remedies - abatement by self-help
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.
Defenses - legislative authority
Legislative authority for nuisance activity, for example, a zoning ordinance, is not an absolute defense, but it is persuasive.
Defenses - conduct of others
No one actor is liable for all damages caused by concurrence of their acts and others.
Defenses - contributory negligence
Contributory negligence generally is no defense to nuisance, unless the plaintiff case rest on a negligence theory
Defenses - coming to the nuisance
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.
