Nuisance

Question 1

Private Nuisance

Answer 1

Substantial interference with use and enjoyment of property that person actually possesses or to which he has aright of immediate possession.

Question 2

Substantial Interference

Answer 2

Interference that is offensive, inconvenient or annoying to average person in the community.

Question 3

Unreasonable Interference

Answer 3

Interference based on intent or negelience, the severity of the inclifted injury must outweigh utility in defendant’s conduct.

Question 4

Public Nuisance

Answer 4

Act that unreasonably interferes with health and safety or property rights of the community.

Question 5

Remedies

Answer 5

Damages, Injunctive Relief, Abatement by Self Help (in private nuisance cases, after notice to defendant and refusal to act).

Question 6

Defenses

Answer 6

Legislative Authority (zoning ordinences persuasive), Conduct of Others (only responsible for conduct you produce)