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Related to Tort of nuisance: private nuisance


The use of property in such a way that it violates another property owner's expectation of an orderly living environment. For example, a person may refrain from mowing his lawn for so long that field mice infest his yard. This may be a nuisance if the field mice wander over to the neighbors' yards.
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An activity that arises from the unreasonable, unwarranted, or unlawful use of one's own property resulting in an obstruction or injury to another property owner or to the public and producing such material annoyance, inconvenience, and discomfort that the law will presume resulting damage.It may consist of noise,smoke,odors,pollution,vibration,interference with rights of passage, maintaining an offensive business, discharge of water, or maintaining a building in a manner that makes it unsafe for others because of falling debris or because of rats or vermin.(Do not confuse with attractive nuisance, a theory of negligence liability for maintaining features attractive to children but likely to harm them.)

The Complete Real Estate Encyclopedia by Denise L. Evans, JD & O. William Evans, JD. Copyright © 2007 by The McGraw-Hill Companies, Inc.
References in periodicals archive ?
Lord Atkin describes persons who are neighbours for the purpose of assessing proximity or the "duty of care", conceptions useful in the law of negligence but for now--de propos in this discussion of the separate tort of nuisance. Neighbours in nuisance are seen to present "a whole different scenario" from neighbours in negligence (Tony Weir, A Casebook on Tort, 9th ed (London: Sweet & Maxwell, 2000) at 421) because the two torts protect different interests (see Beth Bilson, The Canadian Law of Nuisance (Toronto: Butterworths, 1991) at xi).
Such laws, however, are relatively new and thus do not carry" the same weight of history and judicial interpretation as does the tort of nuisance. Further, much as "neighbour" has distinct meanings in negligence and nuisance, I would argue that "community" has a distinct meaning in the context in which I use it.
Often, we read about the tort of negligence, but this civil mock trial is about the tort of nuisance: