Nuisance

Question 1

What is a nuisance?

Answer 1

invasion of property rights by tortious conduct
Two types: private and public

Question 2

What is a private nuisance?

Answer 2

a substantial, unreasonable interference with another private individual’s use or enjoyment of property that the other individual actually possess or has right of immediate possession

Question 3

What is substantial interference?

Answer 3

interference that is offensive, inconvenient, or annoying to the average person in the community
- not enough if it is the result of plaintiff’s hypersensitivity
-routine shit like mowing the lawn early in the morning also not enough

Question 4

What is unreasonable interference?

Answer 4

to establish:
severity of the inflicted injury must outweigh the utility of the def’s conduct
(balancing)

Question 5

What is a public nuisance?

Answer 5

act that unreasonably interferes with the health, safety, or property rights of the community

-private party can only recover when they suffered unique damage not suffered by the public at large