nuisance

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Related to private nuisance: public nuisance, Tort of nuisance

nuisance,

in law, an act that, without legal justification, interferes with safety, comfort, or the use of property. A private nuisance (e.g., erecting a wall that shuts off a neighbor's light) is one that affects one or a few persons, while a public nuisance (e.g., conducting a disorderly house) affects many persons. In some cases the victim of a private nuisance may abate it (e.g., tear down the wall). Damages are available to a party who suffers from a private nuisance or who is especially injured by a public nuisance, and courts will issue injunctions against continuing nuisances. Since public nuisances are injurious to the community, they may be prosecuted as crimes. Nuisance is a flexible legal category. Thus, while a slaughterhouse is lawful in a manufacturing district, it may be a nuisance in a residential quarter. Activities, such as operating blast furnaces, once deemed nuisances, are now recognized as indispensable and lawful.

nuisance

1. A public nuisance is said to exist in a building, structure, or premise: (a) if it is insufficiently cleaned, drained, lighted, or ventilated for the intended usage, (b) if it poses conditions detrimental to public health or dangerous to human life, and/or (c) if its air or water supplies are unwholesome.
2. A continuing legal wrong, usually committed by an owner or occupant of property on neighboring persons or property.

nuisance

Law something unauthorized that is obnoxious or injurious to the community at large (public nuisance) or to an individual, esp in relation to his ownership or occupation of property (private nuisance)
References in periodicals archive ?
39) of the two types of nuisance, litigants against wind farms generally pursue private nuisance, so public nuisance need not be discussed further.
regulation indeed does preempt a common law private nuisance action.
In contrast to private nuisance, public nuisance does not require proof of interference with use and enjoyment of land.
If the defendant landowner hires someone else to do work on his or her land that is likely to cause a public or private nuisance or trespass onto someone else's land, the landowner cannot escape liability by claiming that a third-party contractor did the damage.
More specifically, in order to determine whether noise amounts to a private nuisance, two elements must be present.
The problem with private nuisance law is that it gives legal rights to affected neighbors nor property managers, and the problem with public nuisance law is that the authorities can become involved only if the disturbance affects enough people to be considered a public problem.
Picillo held that the plaintiffs had established both a public and a private nuisance for damage to wildlife resources.
Lawrence Cement's plant was a public and private nuisance.
The essence of a private nuisance claim is interference with the use and enjoyment of land.
Brunzelle, an Illinois federal court case, State Farm Fire & Casualty argued that covered invasions of the right of private occupancy include violations of the right to use and develop property (as in Town of Goshen) and private nuisance claims, according to the court's paraphrase of the insurers' brief.
Within days, numerous homeowners in an upscale residential subdivision within a half-mile of the plant filed suit seeking millions in damages on the grounds that the plant was a public and private nuisance.

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