nuisance Flashcards
(13 cards)
nuisance - generally
invasion of property rights by tortious conduct
private nuisance - generally
substantial + unreasonable interference with another private individual’s use/enjoyment of property that the other individual actually possesses or has a right of immediate possession.
(private nuisance) substantial interference is:
offensive, inconvenient, or annoying to the average person in the community.
NOT substantial if it is merely the result of the P’s hypersensitivity or specialized use of their own property.
Routine/relatively innocuous activity that is merely annoying (such as using a lawn mower early in the morning) also does not constitute substantial interference.
(private nuisance) to establish unreasonable interference:
(required for nuisance based on intent or negligence) severity of inflicted injury > utility of D’s conduct
take into account every person is entitled to use their own land in a reasonable way, considering the neighborhood, land values, and existence of any alternative courses of conduct open to the defendant.
public nuisance is
act that unreasonably interferes with the health, safety, or property rights of the community
when can a private party recover for a public nuisance
only if the private party suffered unique damage not suffered by the public at large.
nuisance remedies
usually damages
if damages unavailable/inadequate: injunctive relief.
abatement by self-help
when abatement by self help is available for private nuisance
after notice to the defendant and their refusal to act. Only necessary force may be used.
when abatement by self help is available for public nuisance
only a public authority or a private party who has suffered some unique damage can seek an injunction or abatement.
nuisance defenses - legislative authority
Legislative authority for “nuisance activity” (for example, a zoning ordinance) is not an absolute defense but is persuasive.
nuisance defenses - conduct of others
No one actor is liable for all damage caused by concurrence of their acts and others.
nuisance defenses - contributory negligence
Contributory negligence generally is no defense to nuisance unless the plaintiff’s case rests on a negligence theory.
nuisance defenses - come to the nuisance
One may “come to a nuisance” (purchasing land next to an already existing nuisance) and, thereafter, pursue an action. It is generally not a bar to the plaintiff’s action unless the plaintiff “came to the nuisance” for the sole purpose of bringing a harassing lawsuit.
