T14 - Nuisance

Question 1

Nuisance

Answer 1

A nuisance is an invasion of property rights by tortious conduct.

There are two types of nuisance: private and public.

Question 2

PRIVATE NUISANCE

Answer 2

• Interference with use or enjoyment of his own real estate.
  Private nuisance is a SUBSTANTIAL, UNREASONABLE INTERFERENCE with another private individual’s USE OR ENJOYMENT of his own property.
• Property that the other individual actually possesses or has a right of immediate possession.

Has to be intentional or negligent, but knowledge is enough. Easy to get this.

Interference must be substantial. INTOLERABLE for some courts.

Substantial Interference: Substantial interference is interference that is offensive, inconvenient, or annoying to the average person in the community. It is not substantial if it is merely the result of the plaintiff’s hypersensitivity or specialized use of their own property.

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 D’s conduct.
In balancing these respective interests, courts take into account that every person is entitled to use their own land in a reasonable way, considering the neighborhood, land values, and existence of any alternative courses of conduct open to the defendant.

Question 3

Nuisance distinguished from Trespass to Land

Answer 3

In a trespass, there is an interference with the landowner’s EXCLUSIVE POSSESSION by a physical invasion;
in a private nuisance, there is an interference with USE OR ENJOYMENT.

Question 4

PUBLIC NUISANCE

Answer 4

Public nuisance is an act that unreasonably interferes with the health, safety, or property rights of the community, for example, using a building for criminal activities such as prostitution.
Recovery by a private party is available for a public nuisance only if the private party suffered unique damage not suffered by the public at large.

Question 5

Nuisance REMEDIES

Answer 5

Damages
The plaintiff usually will be awarded damages.

Injunctive Relief
If the legal remedy of damages is unavailable or inadequate (for example, the nuisance will cause irreparable injury), injunctive relief will be awarded. In this case, the court will consider the relative hardships. However, hardships will not be balanced if the defendant’s conduct was willful.

Abatement by Self-Help
In the case of a private nuisance, self-help abatement is available after notice to the defendant and their refusal to act. Only necessary force may be used.
In public nuisance cases, only a public authority or a private party who has suffered some unique damage can seek an injunction or abatement.

Question 6

Nuisance DEFENSES

Answer 6

Legislative Authority
Legislative authority for “nuisance activity” (for example, a zoning ordinance) is not an absolute defense but is persuasive.

Conduct of Others
No one actor is liable for all damage caused by concurrence of their acts and others.

Contributory Negligence
Contributory negligence generally is no defense to nuisance unless the plaintiff’s case rests on a negligence theory.

Coming to the Nuisance
One may “come to a nuisance” (purchasing land next to an already existing nuisance) and, thereafter, pursue an action. It is generally not a bar to the plaintiff’s action unless the plaintiff “came to the nuisance” for the sole purpose of bringing a harassing lawsuit.

Question 7

Inconsistent land use

Answer 7

.

Question 8

Spite

Answer 8

.

Question 9

Gross inconsideration cases

Answer 9

Hosting loud parties all night.