Nuisance

Question 1

Define Nuisance

Answer 1

“Nontrespassory invasion of another’s interest in the private use and enjoyment of land”.

OR

“One must so use his own rights as not to infringe upon the rights of another”.

Question 2

How is a nuisance analyzed?

Answer 2

1) Litigatio deals with the conflicting interests of property owners and the question of the reasonableness of the defendant’s mode of use of his land.
2) The process of adjudication requires recognition of the reciprical right of each owner to reasonable use, and a balancing of the conflicting interests.
3) The utility of the defendant’s conduct must be weighed against the quantum of harm to the plaintiff.

Question 3

What is a remedy for nuisance?

Answer 3

injunciton