Legal Definitions - Nuisance

Definition: A nuisance is a legal term that refers to an unreasonableinterference with someone's use and enjoyment of their property or a right that the general public shares in common.

There are two types of nuisances:

• Public nuisance: This occurs when a person unreasonably interferes with a right that the general public shares in common. For example, if someone plays loud music late at night and disturbs the peace of the neighborhood, it could be considered a public nuisance.
• Private nuisance: This occurs when a person's use and enjoyment of their property is interfered with substantially and unreasonably through a thing or activity. For example, if a factory emits toxic fumes that make it impossible for nearby residents to enjoy their homes, it could be considered a private nuisance.

There are several defenses to this tort, including:

• Contributory negligence: If the plaintiff contributed to the nuisance, they may not be able to recover damages.
• Assumption of risk: If the plaintiff knew about the nuisance and still chose to live or work in the area, they may not be able to recover damages.
• Coming to the nuisance: If the plaintiff moved to the area knowing about the nuisance, they may not be able to recover damages.
• Statutory compliance: If the defendant was following all applicable laws and regulations, they may not be liable for the nuisance.

The typical remedy for nuisance (either public or private) is damages. Courts may also grant injunctive relief if the legal remedy is not adequate.

Example: A neighbor consistently throws loud parties late at night, disturbing the peace of the entire neighborhood. This could be considered a public nuisance because it interferes with the right of the general public to enjoy a peaceful environment.

Example: A factory emits toxic fumes that make it impossible for nearby residents to enjoy their homes. This could be considered a private nuisance because it interferes with the plaintiff's use and enjoyment of their property.

These examples illustrate how a nuisance can interfere with someone's use and enjoyment of their property or a right that the general public shares in common.