Definition
Tort law
Part of the common law series
Intentional torts
Assault
Battery
False imprisonment
Intentional infliction of
emotional distress (IIED)
Transferred intent
Property torts
Trespass
land
chattels
Conversion
Detinue
Replevin
Trover
Defenses
Assumption of risk
Comparative negligence
Contributory negligence
Consent
Necessity
Statute of limitations
Self-defense
Defense of others
Defense of property
Shopkeeper's privilege
Negligence
Duty of care
Standard of care
Proximate cause
Res ipsa loquitur
Calculus of negligence
Rescue doctrine
Duty to rescue
Specific types
Negligent infliction of
emotional distress (NIED)
Employment-related
Entrustment
Malpractice
legal
medical
Liability torts
Product liability
Quasi-tort
Ultrahazardous activity
Nuisance
Public nuisance
Rylands v. Fletcher
Dignitary torts
Defamation
Invasion of privacy
False light
Breach of confidence
Abuse of process
Malicious prosecution
Alienation of affections
Seduction
Economic torts
Fraud
Tortious interference
Conspiracy
Restraint of trade
Liability, remedies
Last clear chance
Eggshell skull
Vicarious liability
Volenti non fit injuria
Ex turpi causa non oritur actio
Neutral reportage
Damages
Injunction
Torts and conflict of laws
Joint and several liability
Comparative responsibility
Market share liability
Duty to visitors
Trespassers
Licensees
Invitees
Attractive nuisance
Other common law areas
Contracts
Criminal law
Evidence
Property
Wills, trusts and estates
Portals
Law
v
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Under the common law, persons in possession of real property (land owners, lease holders etc.) are entitled to the quiet enjoyment of their lands. However this doesn't include visitors or those who aren't considered to have an interest in the land. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.
Legally, the term nuisance is traditionally used in three ways:
to describe an activity or condition that is harmful or annoying to others (e.g., indecent conduct, a rubbish heap or a smoking chimney)
to describe the harm caused by the before-mentioned activity or condition (e.g., loud noises or objectionable odors)
to describe a legal liability that arises from the combination of the two.[2] However, the "interference" was not the result of a neighbor stealing land or trespassing on the land. Instead, it arose from activities taking place on another person's land that affected the enjoyment of that land.[3]
The law of nuisance was created to stop such bothersome activities or conduct when they unreasonably interfered either with the rights of other private landowners (i.e., private nuisance) or with the rights of the general public (i.e., public nuisance)
A public nuisance is an unreasonable interference with the public's right to property. It includes conduct that interferes with public health, safety, peace or convenience. The unreasonableness may be evidenced by statute, or by the nature of the act, including how long, and how bad, the effects of the activity may be.[4]
A private nuisance is simply a violation of one's use of quiet enjoyment of land. It doesn't include trespass.[5]
To be a nuisance, the level of interference must rise above the merely aesthetic. For example: if your neighbour paints their house purple, it may offend you; however, it doesn't rise to the level of nuisance. In most cases, normal uses of a property that can constitute quiet enjoyment cannot be restrained in nuisance either. For example, the sound of a crying baby may be annoying, but it is an expected part of quiet enjoyment of property and does not constitute a nuisance.
Any affected property owner has standing to sue for a private nuisance. If a nuisance is widespread enough, but yet has a public purpose, it is often treated at law as a public nuisance. Owners of interests in real property (whether owners, lessors, or holders of an easement or other interest) have standing only to bring private nuisance suits.
History and legal development of nuisance
In the late 19th and early 20th centuries, the law of nuisance became difficult to administer, as competing property uses often posed a nuisance to each other, and the cost of litigation to settle the issue grew prohibitive. As such, most jurisdictions now have a system of land use planning (e.g. zoning) that describes what activities are acceptable in a given location. Zoning generally overrules nuisance. For example: if a factory is operating in an industrial zone, neighbours in the neighbouring residential zone can't make a claim in nuisance. Jurisdictions without zoning laws essentially leave land use to be determined by the laws concerning nuisance.
Similarly, modern environmental laws are an adaptation of the doctrine of nuisance to modern complex societies, in that a person's use of his property may harmfully affect another's property, or person, far from the nuisance activity, and from causes not easily integrated into historic understandings of nuisance law.
Tort law
Part of the common law series
Intentional torts
Assault
Battery
False imprisonment
Intentional infliction of
emotional distress (IIED)
Transferred intent
Property torts
Trespass
land
chattels
Conversion
Detinue
Replevin
Trover
Defenses
Assumption of risk
Comparative negligence
Contributory negligence
Consent
Necessity
Statute of limitations
Self-defense
Defense of others
Defense of property
Shopkeeper's privilege
Negligence
Duty of care
Standard of care
Proximate cause
Res ipsa loquitur
Calculus of negligence
Rescue doctrine
Duty to rescue
Specific types
Negligent infliction of
emotional distress (NIED)
Employment-related
Entrustment
Malpractice
legal
medical
Liability torts
Product liability
Quasi-tort
Ultrahazardous activity
Nuisance
Public nuisance
Rylands v. Fletcher
Dignitary torts
Defamation
Invasion of privacy
False light
Breach of confidence
Abuse of process
Malicious prosecution
Alienation of affections
Seduction
Economic torts
Fraud
Tortious interference
Conspiracy
Restraint of trade
Liability, remedies
Last clear chance
Eggshell skull
Vicarious liability
Volenti non fit injuria
Ex turpi causa non oritur actio
Neutral reportage
Damages
Injunction
Torts and conflict of laws
Joint and several liability
Comparative responsibility
Market share liability
Duty to visitors
Trespassers
Licensees
Invitees
Attractive nuisance
Other common law areas
Contracts
Criminal law
Evidence
Property
Wills, trusts and estates
Portals
Law
v
t
e
Under the common law, persons in possession of real property (land owners, lease holders etc.) are entitled to the quiet enjoyment of their lands. However this doesn't include visitors or those who aren't considered to have an interest in the land. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.
Legally, the term nuisance is traditionally used in three ways:
to describe an activity or condition that is harmful or annoying to others (e.g., indecent conduct, a rubbish heap or a smoking chimney)
to describe the harm caused by the before-mentioned activity or condition (e.g., loud noises or objectionable odors)
to describe a legal liability that arises from the combination of the two.[2] However, the "interference" was not the result of a neighbor stealing land or trespassing on the land. Instead, it arose from activities taking place on another person's land that affected the enjoyment of that land.[3]
The law of nuisance was created to stop such bothersome activities or conduct when they unreasonably interfered either with the rights of other private landowners (i.e., private nuisance) or with the rights of the general public (i.e., public nuisance)
A public nuisance is an unreasonable interference with the public's right to property. It includes conduct that interferes with public health, safety, peace or convenience. The unreasonableness may be evidenced by statute, or by the nature of the act, including how long, and how bad, the effects of the activity may be.[4]
A private nuisance is simply a violation of one's use of quiet enjoyment of land. It doesn't include trespass.[5]
To be a nuisance, the level of interference must rise above the merely aesthetic. For example: if your neighbour paints their house purple, it may offend you; however, it doesn't rise to the level of nuisance. In most cases, normal uses of a property that can constitute quiet enjoyment cannot be restrained in nuisance either. For example, the sound of a crying baby may be annoying, but it is an expected part of quiet enjoyment of property and does not constitute a nuisance.
Any affected property owner has standing to sue for a private nuisance. If a nuisance is widespread enough, but yet has a public purpose, it is often treated at law as a public nuisance. Owners of interests in real property (whether owners, lessors, or holders of an easement or other interest) have standing only to bring private nuisance suits.
History and legal development of nuisance
In the late 19th and early 20th centuries, the law of nuisance became difficult to administer, as competing property uses often posed a nuisance to each other, and the cost of litigation to settle the issue grew prohibitive. As such, most jurisdictions now have a system of land use planning (e.g. zoning) that describes what activities are acceptable in a given location. Zoning generally overrules nuisance. For example: if a factory is operating in an industrial zone, neighbours in the neighbouring residential zone can't make a claim in nuisance. Jurisdictions without zoning laws essentially leave land use to be determined by the laws concerning nuisance.
Similarly, modern environmental laws are an adaptation of the doctrine of nuisance to modern complex societies, in that a person's use of his property may harmfully affect another's property, or person, far from the nuisance activity, and from causes not easily integrated into historic understandings of nuisance law.
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