Nuisance

Question 1

What is private nuisance?

Answer 1

Interference with use and enjoyment of property

Interference must be:

a) Substantial -AND -
b) Unreasonable

Question 2

What is substantial interference?

Answer 2

“Substantial” means more than a trifle or annoyance

Some significant injury must occur

A nuisance that causes personal injury is substantial

Question 3

What is unreasonableness of intentional invasion?

Answer 3

An intentional invasion of another’s interest in the use and enjoyment of land is unreasonable if

a) the gravity of the harm outweighs the utility of the actor’s conduct

This is determined from an objective point of view (impartially & objectively)

Question 4

What are the factors that determine the gravity of harm?

Answer 4

a) The extent of the harm involved
b) The character of the harm involved
c) The social value that the law attaches to the type of use or enjoyment invaded
d) The suitability of the particular use or enjoyment invaded to the character of the locality
e) The burden on the person harmed of avoiding the harm

Question 5

What is a public nuisance?

Answer 5

A public nuisance is an unreasonable interference with a right common to the general public

Public nuisance typically is a “low-grade” criminal offense, involving interference with a common public right

Question 6

What is “standing?”

Answer 6

A party’s right to make a legal claim or seek judicial enforcement of a duty or right where they have suffered “particular harm” (e.g. personal injury or damage to or loss of value to land)

Private remedies ARE available for public nuisance where plaintiff has standing