Nuisance Flashcards
What are nuisances?
A type of harm - the invasion of either private property rights or public rights by conduct that is tortious because it falls into the usual categories of tort liability (i.e. intentional, negligent, strict liability).
Generally, it is the loss of one’s ability to enjoy/use their property because has been disturbed by an unusual degree.
What is the injury in nuisance actions involve? When does a nuisance occur?
Involves property; typically inconsistent land use (e.g. two neighbors that shouldn’t be next to each other).
Loss of one’s ability to enjoy/use their property because has been disturbed by an unusual degree.
What is the legal test for determining who wins in a nuisance claim?
The test involves a balancing of interests, P wins if use of land has been disturbed by a substantial degree.
In a nuisance action, what is considered substantial interference?
Substantial interference is interference that is offensive. The interference will not be characterized as substantial if it is merely the result of plaintiff’s specialized use of her own property.
