Legal Definitions - mixed nuisance

A mixed nuisance is a type of nuisance that interferes with the use or enjoyment of property. This can include conditions or activities such as loud noises or foul odors that persistently affect adjacent land or interfere with its use or enjoyment of easements on the land or public highways. Liability for a mixed nuisance may or may not arise from the condition or situation.

For example, if a factory emits a foul odor that affects the neighboring residential area, it can be considered a mixed nuisance. The odor interferes with the residents' use and enjoyment of their property and can cause physical harm to their health. The factory may be held liable for the mixed nuisance.

Another example of a mixed nuisance is a nightclub that plays loud music late into the night, disturbing the peace and quiet of nearby residents. The noise interferes with their use and enjoyment of their property and can cause physical harm to their health. The nightclub may be held liable for the mixed nuisance.