Nuisance - Public Nuisance, Private Nuisance, Legal Responsibility, Defenses, Remedies, Further Readings

Nuisance - Public Nuisance

Nuisance - Private Nuisance

A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. Examples of private nuisances abound. Nuisances that interfere with the physical condition of the land include …

Nuisance - Legal Responsibility

A private nuisance is a tort, that is, a civil wrong. To determine accountability for an alleged nuisance, a court will examine three factors: the defendant's fault, whether there has been a substantial interference with the plaintiff's interest, and the reasonableness of the defendant's conduct. Fault Fault means that the defendant intentionally, negligently, or recklessly in…

Nuisance - Defenses

In an attempt to escape liability, a defendant may argue that legislation (such as zoning laws or licenses) authorizes a particular activity. Legislative authority will not excuse a defendant from liability if the conduct is unreasonable. A defendant may not escape liability by arguing that others are also contributing to the harm; damages will be apportioned according to a defendant's shar…

Nuisance - Remedies

Injunction is a drastic remedy, used only when damage or the threat of damage is irreparable and not satisfactorily compensable only by monetary damages. The court examines the economic hardships to the parties and the interest of the public in allowing the continuation of the enterprise. …

Nuisance - Further Readings