Nuisance Flashcards
What is a private nuisance? Define the different type of interferences.
Private nuisance is a substantial, unreasonable interference with another private individual’s use or enjoyment of property that he actually possesses or to which he has a right of immediate possession.
Substantial interference: an 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 plaintiff’s hypersensitivity or specialized use of his own property.
Unreasonable interference: required for nuisances based on intent or negligence - must show that the severity of the inflicted injury outweights the utility of defendant’s conduct.
What is a public nuisance?
Public nuisance is an act that unreasonably interferes with the health, safety, or property rights of the community.
