nuisance

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Related to Tort of nuisance: private 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.
The Columbia Electronic Encyclopedia™ Copyright © 2013, Columbia University Press. Licensed from Columbia University Press. All rights reserved. www.cc.columbia.edu/cu/cup/

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.
McGraw-Hill Dictionary of Architecture and Construction. Copyright © 2003 by McGraw-Hill Companies, Inc.

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)
Collins Discovery Encyclopedia, 1st edition © HarperCollins Publishers 2005
References in periodicals archive ?
It virtually makes neighbours not only of the persons close at hand, but those in distant places, other cities, other countries." (119) Two years later, the judgment in Nor-Video Services Ltd v Ontario Hydro held interference with television signals to be nuisance because these signals were "simply one of the benefits and pleasures commonly derived from domestic occupancy of property." (120) This same court also held that "[t]he category of interests covered by the tort of nuisance ought not to be and need not be closed ...
Establishing the tort of nuisance requires proof of the following:
Then, in the second half of School's In, I will present the outlines for a civil trial of the tort of nuisance, based on a recent Ontario case.