Nuissance Flashcards
PRIVATE NUISANCE
Private nuisance is a substantial, unreasonable interference with another private individual’s use or enjoyment of property that the other individual actually possesses or has a right of immediate possession.
Substantial Interference
Substantial interference is interference that is offensive, inconvenient,
or annoying to the average person in the community.
Unreasonable Interference
To establish unreasonable interference, required for nuisances based on intent or negligence, the severity of the inflicted injury must
outweigh the utility of the defendant’s conduct
PUBLIC NUISANCE
Public nuisance is an act that unreasonably interferes with the health,
safety, or property rights of the community