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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.
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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 ?
Second, a central facet of many presently-litigated cases is that they require the evaluation of the relationships between the common law tort of private nuisance and statutory norms regarding permissible levels of pollution, planning and zoning laws, permits issued by planning authorities, and so on.
Because plaintiffs' injuries were "fairly traceable" to defendants' alleged contributions to global warming, plaintiffs had standing to assert claims for public and private nuisance, trespass and negligence.
about one-half mile to two miles from the projected wind turbines," brought a private nuisance claim against the defendant seeking to enjoin construction of the wind farm.
federal preemption of common law private nuisance actions by the OTARD
"Nuisance" is the French word for harm(37) Nuisance is "an interference with the use or enjoyment of land, or with a right of easement or servitude over the land."(38) There are private nuisances and public nuisances.
Rychlak, Common Law Remedies for Environmental Wrongs: The Role of Private Nuisance, 59 Miss.
The Swahns suspected that the Hussains were operating an "illegal commercial catering business." They filed a two-count complaint, based on the development's declarations, alleging both public and private nuisance. They sought $200,000 in compensatory and punitive damages.
Private nuisance would be the more likely course, according to D'Ovidio, as the impact affects a particular neighborhood versus the entire city.
Meanwhile, a private nuisance is one which 'violates only private rights and produces damage to but one or a few person.'
"Please help us protect King Tut's from future risk of statutory and private nuisance actions and potential closure, so we can continue to provide the platform for generations of artists to come, and priceless, life affirming, moments for future fans."
Private nuisance has been defined as "invasions of an occupier's interest in the beneficial use and enjoyment of land." (100) Such interference may extend beyond direct physical intrusions, and may include noise, smell, vibration, and other interferences emanating from neighbouring land.

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