Nuisance Flashcards
What is Nuisance?
A substantial and unreasonable interference with another person’s use or enjoyment of their land.
Must have standing (owner/lessees)
What is a Public Nuisance?
Affects broader group of people/community at large.
Includes health and safety, morals/public comfort (pollution, gambling, prostitution) and is enforced via government regulations, zoning, or ordinance.
How can a private citizen sue for a Public Nuisance?
Can only sue if they suffer harm that’s different in kind & degree than that of the general public
What constitutes a Private Nuisance?
Non-trespassory, substantial interference with another’s use & enjoyment
Examples include noise, odor, light, vibration.
What are the elements of Private Nuisance?
- Substantial invasion
- Invasion is either:
- Intentional & unreasonable OR
- Unintentional but caused by:
- Negligence/recklessness OR
- Abnormally dangerous conditions
What is Nuisance Per Se?
Conduct inherently a nuisance, regardless of context
Examples include running a brothel or illegal business.
What is a Spite Fence?
A maliciously built barrier that blocks light/air/views
Mainly states have statutes that make them nuisance per se when excessive with height or lack of purpose.
What is Nuisance Per Accidens?
Conduct not inherently unlawful but becomes nuisance due to its specific circumstances
Example: factory in residential area.
What does ‘Coming to the Nuisance’ mean?
When a person moves into an area with preexisting use
This can affect claims of nuisance.
How do courts generally view claims of Nuisance?
- Disfavor claims especially if activity is longstanding OR
- Reject the ‘FIRST IN TIME’ defense, focusing solely on reasonableness of conduct.
Do most courts recognize purely aesthetic nuisance?
No, most courts don’t recognize purely aesthetic nuisance.
What is the Balancing Test in nuisance cases?
Evaluates:
* Gravity of Harm (extent/nature, burden on harmed party)
* Social value (utility of ∆’s conduct, suitability to locality, impracticability of preventing harm)
What is a requirement of filing a nuisance lawsuit?
∏ must have standing (owner/lessees)
When is a defendant liable for creating a nuisance?
Intentional & unreasonable
or
unintentional but reckless/negligent or abnormally dangerous
