Nuisance –Elements
Nuisance is the cause of action you use when someone is interfering with your
right to enjoy your property; but trespass is not applicable
Private Nuisance:
Elements:
1) Plaintiff has the right to possess or ownership of land;
2) The defendant undertakes an action that interferes with
the use or enjoyment of that land;
3) In a manner that is substantial and in a manner a
reasonable person would not tolerate (subjective test)
Public Nuisance:
- This occurs when the interference is with public property, not
specifically with anyone’s private property (e.g., a street or a park)
-Such an action can typically only be brought by a governmental
authority because no person has standing to bring an action for
public nuisance. Of course, if the private person suffered specific
economic harm, she may be able to sue for negligence, etc.
