Nuisance

Nuisance is a legal term used to describe conduct or conditions that unreasonably interfere with the use or enjoyment of land or with public rights. In tort law, nuisance may affect private property owners, tenants, or the community. Nuisance is distinguished from mere inconvenience by requiring an unreasonable intrusion or risk to health, safety, or welfare. It can arise from ongoing activities or from static conditions.

Nuisance is commonly categorized as private nuisance, public nuisance, and statutory nuisance. Private nuisance involves interference with a person’s use or enjoyment of land, such as loud noise, strong odors, smoke, fumes, or ground vibrations. Public nuisance affects the rights of the general public, for example by obstructing a highway, polluting a waterway, or creating a health hazard. Statutory nuisance is defined or prohibited by law and typically covered by environmental, housing, or public health codes.

The assessment of nuisance in private cases rests on whether the interference is substantial and unreasonable, taking into account the character of the neighborhood, the duration and intensity of the disturbance, the utility of the defendant’s conduct, and the sensitivity of the plaintiff. Courts often balance competing interests; a beneficial or regulated activity may still be actionable if it imposes an undue burden on others.

Remedies include injunctions to restrain the nuisance, damages for harm already caused, and abatement measures by the plaintiff or authorities. Some jurisdictions treat certain nuisances as criminal offenses or permit government action to curb public nuisances. The term nuisance derives from Old French nuisance meaning annoyance or trouble.