The claim requires substantial interference that a reasonable person would find objectionable and that is unreasonable weighing the utility of the conduct against the harm. Noise, odor, vibration, light, and drainage are common subjects.
Public nuisance affects rights common to the community.
Alternative Names:
Private Nuisance, Property Nuisance
Why it Matters?
The unreasonableness balancing considers the character of the locality, which means industrial activity in an industrial area is judged differently than the same activity beside residences. Coming to the nuisance is not a complete defense but weighs in the analysis where a plaintiff bought next to an established operation. Regulatory compliance also does not immunize, since permitted activity may still unreasonably interfere.
Frequently Confused with
Related terms
Frequently asked questions
Does regulatory compliance defeat a nuisance claim?
Is coming to the nuisance a defense?
