Private Nuisance

Question 1

Private Nuisance Definition

Answer 1

• Conduct causing substantial and unreasonable harm to the use or enjoyment of property

Question 2

Trespass v. Nuisance

Answer 2

Trespass: protects the interest and exclusive possession of property

Nuisance: protects the right to use and enjoyment

Question 3

Substantial Damages & Unreasonable Damages

Answer 3

Substantial Damages → objective reasonable person test

• Minor/nominal harms are privileged as a necessary consequence of having neighbors
• Unusually sensitive plaintiffs denied relief
• Requires intent – actor knew or should have known that the conduct would cause harm

Unreasonable Damages → Balancing approach: liability imposed if harm outweighs benefit

• Court applies broad conceptual framework to factor in the extent and character of the harm, social value, suitability with the character of the locality, and burden of avoiding the conduct

Question 4

Types of Harm Included:

1. Psychological?
2. Aesthetic?
3. Light and Air?

Answer 4

1. Yes, example funeral home is residential neighborhood
2. No, this is what ordinances and zoning laws are for. However, property value is derivative of asethetic harm and so many still factor into a nuisance claim
3. No, owners have no legally proteted interest in access to light and air

Exception: Spite fence - constructed FOR the purpose of blocking neighbor’s view and confers no discernible benefits on the owner who wishes to construct the fence other than enjoyment of the annoyance to the neighbor.

In two states: nuisance law applies for access to light

Question 5

4 Possible Remedies for Nuisance

Answer 5

Court has equitable discretion over whether to offer:

1. Injunction
2. Actual damages
3. Punitive damages or
4. Permanent damages

Question 6

2 Types of Nuisance

Answer 6

1. Nuisance Per Se: absolute nuisance – a use that is unreasonable in itself, wherever located and however conducted. Usually outlawed by statute
2. Nuisance Per Accidents: they are offensive because of where or how they are conducted. Subjective