Nuisance Flashcards
What is a nuisance?
An invasion of property rights by tortious conduct, usually an intentional interference with public or private rights
What is a private nuisance?
A substantial, unreasonable interference with another private individual’s use or enjoyment of their property
What does substantial interference mean?
Offensive, inconvenient or annoying to an average person in the community
When is interference unreasonable?
When the injury inflicted outweighs the utility of the defendant’s conduct
What is a public nuisance?
An act unreasonably interfering with the health, safety or property rights of the community (blocking a highway, using building to conduct criminal activities). Private recovery only available if private plaintiff suffers unique harm
What remedies exist for nuisance?
Damages (for private or public if unique harm suffered)
Injunctive relief where damages inadequate
Self-help
When may someone resort to self-help to abate a nuisance?
For a private nuisance, there is a privilege to enter on the defendant’s land and personally abate a nuisance after notice + refusal to act. Force necessary only to accomplish abatement.
If a person suffers unique harm from a public nuisance, they have a similar privilege. Otherwise it must be abated by legal authorities.
What defenses exist to nuisance?
Conduct consistence with zoning/legislative permits is relevant to defense
Conduct of others (not liable where damage is caused by concurrence of their acts with others)
What is the rule regarding “coming to the nuisance”?
Where a plaintiff has moved onto adjacent land after the nuisance was ongoing, the prevailing rule is that the defendant may not condemn surrounding premises to endure a nuisance (the purchaser is entitled to use and enjoyment to the same extent as long as they bought in good faith and not for the sole purpose of bringing a suit)
