Private Nuisance

Question 1

What is Private Nuisance?

Answer 1

Substantial and unreasonable(noxious) interference with an owner’s use and enjoyment of the land
- Protects not only ownership rights, but possessory rights and lesser property interests. Ex. one tenant against the other. Ex. Mortgagees, and owners of easements.

Question 2

What is Substantial/Unreasonable Interference?

Answer 2

a. Substantial Test: Objective reasonable person test: normal person’s normal use. Reasonable conduct by the defendant.
b. Unreasonable test: Balance the interest of the two individuals. Social utility interest. Ex. You can use a nightlight but can’t light up like canyon city.
c. Psychological Interference: Someone comes into a residential neighborhood and builds a funeral home.

Question 3

Remedies

Answer 3

a. Actual
b. Punitive
c. Permanent
d. Injunctive Relief (equitable discretion)→ when a court balances the harms to both people and provides a remedy.

Question 4

What is Public Nuisance?

Answer 4

Public Nuisance: violation of a legal right common to the public as a whole. Injuriously affects the safety, health and morals of the public, or is a substantial annoyance to public.