Nuisance

Question 1

Nuisance defined

Answer 1

1. Involves real estate.
2. Defined as substantial unreasonable interference with another person’s use or enjoyment of property that he possesses
   a. unreasonable—look to whether the severeity of the injury outweighs the ∆’s utility
   i. and each person is entitled to use his own land in a reasonable way
   ii. not substantial if it is because of πs specialized usage of her property

Question 2

Private party recovery for nuisance

Answer 2

3. private parties can recover for public nuisance only if the private party suffered unique damage not suffered y the public at large.

Question 3

Examples of nuisance

Answer 3

4. usually inconsistent land use. one person making another person miserable. smoke belching factory next to a facility for ppl with respitaroy problems.
5. can also be due to spite. if you torture your neighbor. or if youre inconsiderate. like hold loud parties all the time. or deliberately shine bright lights.

Question 4

Coming to a nuisance bars recovery?

Answer 4

6. Coming to the nuisance—
   a. buying land next to an existing unuisance. not a bar to recovery unless the π came to the nuisance for the sole purpose of bringing a lawsuit.