Nuisance

Question 1

What is Nuisance?

Answer 1

Can’t use property in a way that interferes with others use and enjoyment

Must have standing (owner/lessees)

Question 2

What is a Public Nuisance?

Answer 2

Affects broader group of people/community at large.

Includes health and safety, morals/public comfort (pollution, gambling, prostitution) and is enforced via government regulations, zoning, or ordinance.

Question 3

Who can sue for Public Nuisance?

Answer 3

Private citizen can only sue if they suffer harm that’s different in kind & degree than that of the general public

This emphasizes the need for standing.

Question 4

What constitutes a Private Nuisance?

Answer 4

Non-trespassory, substantial interference with another’s use & enjoyment

Examples include noise, odor, light, vibration.

Question 5

What are the elements of Private Nuisance?

Answer 5

1. Substantial invasion
2. Invasion is either:
   
   • Intentional & unreasonable OR
   • Unintentional but caused by:
     
     • Negligence/recklessness OR
     • Abnormally dangerous conditions

Question 6

What is Nuisance Per Se?

Answer 6

Conduct inherently a nuisance, regardless of context

Examples include running a brothel or illegal business.

Question 7

What is a Spite Fence?

Answer 7

A maliciously built barrier that blocks light/air/views

Mainly states have statutes that make them nuisance per se when excessive with height or lack of purpose.

Question 8

What is Nuisance Per Accidens?

Answer 8

Conduct not inherently unlawful but becomes nuisance due to its specific circumstances

Example: factory in residential area.

Question 9

What does ‘Coming to the Nuisance’ mean?

Answer 9

When a person moves into an area with preexisting use

This can affect claims of nuisance.

Question 10

How do courts generally view claims of Nuisance?

Answer 10

1. Disfavor claims especially if activity is longstanding OR
2. Reject the ‘FIRST IN TIME’ defense, focusing solely on reasonableness of conduct.

Question 11

Do most courts recognize purely aesthetic nuisance?

Answer 11

No, most courts don’t recognize purely aesthetic nuisance.

Question 12

What is the Balancing Test in nuisance cases?

Answer 12

Evaluates:
* Gravity of Harm (extent/nature, burden on harmed party)
* Social value (utility of ∆’s conduct, suitability to locality, impracticability of preventing harm)