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Related to private nuisance: public nuisance, Tort of 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.


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.)

References in periodicals archive ?
The spirit of the 'reasonable use' at the core of the English law of private nuisance is as it was expressed in 1858 in Hole v Barlow:
While jurisdictions differ, a claim for private nuisance often requires a plaintiff to prove unreasonable interference by the defendant with the peaceful enjoyment and use of plaintiffs land.
it is interesting that initially, only the Restatement of Property addressed nuisance law, and only private nuisance law at that.
In contrast to private nuisance, public nuisance does not require proof of interference with use and enjoyment of land.
If the defendant landowner hires someone else to do work on his or her land that is likely to cause a public or private nuisance or trespass onto someone else's land, the landowner cannot escape liability by claiming that a third-party contractor did the damage.
183) The significance of the interference in a public nuisance may be analyzed just as the unreasonableness of the interference in a private nuisance action (i.
98) The complaining neighbor's primary complaint was that the noise from the wind turbine constituted a private nuisance.
See RESTATEMENT (FIRST) OF TORTS [section] 822 (1939) (defining a private nuisance as a "non-trespassory invasion of another's interest in the private use and enjoyment of land").
Thus, persons bringing a nuisance action are likely to have difficulty using private nuisance against biotechnology companies.
Moreover, unless nuisance is to swallow every harm, it's a stretch to call infringement even a private nuisance.
And "liability for either public or private nuisance arises because one person's acts set in motion a force or chain of events resulting in the invasion or interference," the court went on.
In most states, courts define private nuisance as use of property in ways that unreasonably interfere with the rights of others to enjoy their own property.

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