When your neighbor’s conduct is driving you crazy, there isn’t always an easy legal remedy for the situation. But in some cases, a neighbor’s actions (or inaction) can rise to the level of a "nuisance" in the eyes of the law. In this article, we’ll explain the legal concept of nuisance, including what you’ll need to prove when taking your case to court.
The Legal Definition of “Nuisance”
A nuisance is an activity or thing that interferes with your use of property by being:
- irritating
- offensive
- obstructive, or
- dangerous.
Nuisance is distinct from trespassing. A nuisance involves an interference with the owner's use and enjoyment of property, while trespassing requires physical interference with the owner's exclusive use of land.
Interference with an individual's use and enjoyment of property can be a "private" or "public" nuisance. Neighbor-to-neighbor disputes typically involve private nuisance lawsuits. So, let’s look at what a property owner will need to show to bring a successful claim for private nuisance.
Private Nuisance—What You Need to Show
A private nuisance is a non-trespassory (non-physical) invasion of an individual's interest in land that interferes with the use and enjoyment of that land. More specifically, a successful private nuisance lawsuit requires that the person suing (the plaintiff) show:
- the plaintiff owns or has a right to possess the land or property
- the person getting sued (the defendant) interfered with the plaintiff's enjoyment and use of the property
- the defendant's interference was substantial and unreasonable.
Interference
The kind of “interference” that amounts to a private nuisance includes smoke, odors, flooding, excessive noise and light, or pollution.
An interference might cause physical damage to the plaintiff's property or emotional or physical harm to the plaintiff. A nuisance that causes physical damage might be the encroachment of a toxic substance onto the property. Emotional harm could be fear or annoyance (called "pain and suffering") caused by a neighboring dog's excessive barking. The key is that the harm must come from the defendant's interference with the use and enjoyment of the plaintiff’s land.
Substantial and Unreasonable
The question of whether a nuisance is substantial is judged against the standard of an ordinary member of the community with normal sensitivities. The harm is also balanced against the reasonableness of the defendant's conduct. So, even where the interference with the plaintiff's interests has been substantial, the defendant's conduct must also be unreasonable.
In balancing the interference and reasonableness, courts look at factors like:
- the extent and duration of the interference
- the social value of the plaintiff's interest in the land
- the social value of the defendant's conduct
- the burden to the plaintiff and the defendant to prevent the harm, and
- the suitability of the land uses being made by the plaintiff and defendant.
One common question related to the reasonableness of the defendant's activity is whether the plaintiff "came to the nuisance," by acquiring land near an existing source of interference.
What Is the Remedy?
In cases of permanent nuisance, a successful plaintiff will receive damages, including compensation for lost property value. Where the nuisance is continuing, the plaintiff might get an injunction—an order telling the defendant to put an end to the nuisance.
What is a "Public" Nuisance?
A “public” nuisance usually involves acts or conditions that threaten the health, safety, welfare, or comfort of the public, not just one neighbor. So, a private citizen usually will not have a right of recovery for harm resulting from a public nuisance. Instead, public nuisance is largely covered by state and federal statutes that provide for criminal prosecution of offenders who cause unreasonable interference with a right common to the general public.
Talk to a Lawyer
If you have questions about a potential public or private nuisance claim, talk to a lawyer. A lawyer can answer your questions and explain your legal options. Learn more about finding a lawyer. When you're ready, you can connect with a lawyer directly from this page for free.