Nuisance - Causes of Actions

Question 1

Nuisance per se

Answer 1

Nuisance by its very nature

Question 2

Public Nuisance

Answer 2

An unreasonable interference with the rights common to general public

Question 3

Public Nuisance Elements

Answer 3

1. Unreasonable interference
2. With rights
3. Common to general public

Question 4

Private Nuisance

Answer 4

Substantial interference of the use and enjoyment of one’s land, when the plaintiff is making reasonable use of their land and the defendant is making unreasonable use of their land

Question 5

Private Nuisance Elements

Answer 5

1. Interference must be substantial
2. Plaintiff must be making reasonable use of plaintiff’s land
3. Defendant must be making unreasonable use of defendant’s land