Nuisance Overview
A nuisance is an interference with property rights caused by tortious conduct. It’s divided into two types:
1. Private Nuisance – Interference with a specific individual’s use/enjoyment of their property.
2. Public Nuisance – Interference with the rights of the community at large.
14.1 Private Nuisance
Definition: Substantial and unreasonable interference with the plaintiff’s use or enjoyment of property
they possess or have immediate right to possess.
Key Elements:
1. Substantial Interference
o
Offensive, inconvenient, or annoying to the average person.
o
Not substantial if caused by plaintiff’s hypersensitivity or unusual use.
o
Minor annoyances (like early-morning lawn mowing) usually do not count.
2. Unreasonable Interference
o
Severity of injury must outweigh the utility of defendant’s conduct.
o
Courts balance: plaintiff’s enjoyment vs. defendant’s use, neighborhood standards, land
values, and possible alternatives.
3. Distinction from Trespass
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Trespass = physical invasion of property.
o
Nuisance = interference with use/enjoyment, including intangible forces (smoke, odors).
14.2 Public Nuisance
Definition: Unreasonable interference with health, safety, or property rights of the community.
Key Points:

Private parties can recover only if they suffer unique damages not experienced by the public.

Example: Using a building for illegal activities (prostitution, drug sales).
14.3 Remedies
1. Damages: Compensate for harm caused.
2. Injunctive Relief: Court orders to stop the nuisance, especially when damages are inadequate.
o
Court may consider relative hardship.
o
If defendant acted willfully, hardship may not be balanced.
3. Self-Help Abatement: Only in private nuisance after giving notice and using necessary force.
o
Public nuisance abatement is restricted to public authorities or uniquely affected private
parties.
14.4 Defenses
1. Legislative Authority: Zoning or other laws may justify the activity but are not absolute
defenses.
2. Conduct of Others: Liability is limited to the defendant’s contribution.
o
Example: Ten steel mills polluting a stream → each liable only for its own pollution.
3. Contributory Negligence: Only a defense if the plaintiff’s claim is based on negligence.
4. Coming to the Nuisance: Buying property near an existing nuisance is not usually a bar to
action.