Nuisance

Front 1

Private Nuisance (General)

Back 1

Substantial and unreasonable interference with another's use and/or enjoyment of their real property.

Front 2

Private Nuisance (Examples (4))

Back 2

Physical Harm - Pollution, Comfortable Use - Noise and odors, Mental Well Being - Bad neighbors, Threat of Injury - Stored Chemicals

Front 3

Private Nuisance (Proper Plaintiff)

Back 3

Anyone with any legal interest in the property can bring an action.

Front 4

Private Nuisance (Employee - Licensee)

Back 4

Employees and Licensees are not proper plaintiffs.

Front 5

Public Nuisance (General)

Back 5

Unreasonable interference with Health, Safety or Property Rights of the Community.

Front 6

Public Nuisance (Private Party)

Back 6

A private party can collect damages only if specifically harmed separate from the public harm

Front 7

Nuisance (Remedies - Legal)

Back 7

Owner may recover depreciation and rental value, occupant may recover use value. Damage is apportioned between multiple defendants.

Front 8

Nuisance (Remedies - Equity)

Back 8

Injunctive relief used when legal remedies are inadequate, balances benefit against harm, defendant's actions must be unreasonable.

Front 9

Nuisance (Remedies - Abatement)

Back 9

Self help in an emergency, removal of threatened nuisance. Removal of leaning tree, reasonable cost are recoverable.

Front 10

Nuisance (Defenses - 2)

Back 10

Coming to the Nuisance and Legislation

Front 11

Nuisance (Defenses - Coming to the Nuisance)

Back 11

Common law did not allow action for nuisances existing previous to the plaintiff buying the property.

Front 12

Nuisance (Defenses - Legislation)

Back 12

Persuasive but not conclusive and subject to constitutional restraints.