Nuisance

Question 1

What is a nuisance?

Answer 1

Nuisance is:

1. An interference with one’s ability to use and enjoy real estate
2. To an unreasonable/excessive degree (this is the element usually tested)

Question 2

What makes a nuisance actionable?

Answer 2

Nuisance is actionable IF it is caused:

1. Intentionally,
2. Negligently, OR
3. As the result of an abnormally dangerous activity

[N.B. Intention includes knowledge that the effect will occur]

Question 3

What test is used to determine if P is successful in forcing D to stop nuisance activity?

Answer 3

Subjective test: Balance P’s interest in use and enjoyment of the land with D’s ability to use land and existence of any alternative courses of conduct open to D

Question 4

What is the difference between trespass to land and nuisance?

Answer 4

Trespass interferes with right of exclusive possession

Nuisance interferes with use or enjoyment