Nuisance
A condition, activity, or situation that interferes with the use or enjoyment of property. Anything done by one which annoys or disturbs another in the free use, possession, or enjoyment of his property, or which renders its ordinary use or occupation physically uncomfortable.
The law has long recognized that an owner of land does not have an absolute or unlimited right to use the land in a way which injures the rights of others. The rights of neighboring landowners are relative; the uses by one must not unreasonably impair the uses or enjoyment of the other. In Abdella v. Smith, 34 Wis. 2d 393, 399, 149 N.W.2d 537 (1967), the court quoted with approval Dean Prosser’s description of the judicial balancing of the reciprocal rights and privileges of neighbors in the use of their land: ‘Most of the litigation as to private nuisance has dealt with the conflicting interests of landowners and the question of the reasonableness of the defendant’s conduct: The defendant’s privilege of making a reasonable use of his own property for his own benefit and conducting his affairs in his own way is no less important than the plaintiff’s right to use and enjoy his premises. The two are correlative and interdependent, and neither is entitled to prevail entirely, at the expense of the other. Some balance must be struck between the two.
The plaintiff must be expected to endure some inconvenience rather than curtail the defendant’s freedom of action, and the defendant must so use his own property that he causes no unreasonable harm to the plaintiff. The law of private nuisance is very largely a series of adjustments to limit the reciprocal rights and privileges of both. In every case the court must make a comparative evaluation of the conflicting interests according to objective legal standards, and the gravity of the harm to the plaintiff must be weighed against the utility of the defendant’s conduct.’ Prosser, Law of Torts, sec. 89, p. 596 (2d ed. 1971) (Citations omitted). VI-A American Law of Property sec. 28.22, pp. 64-65 (1954). When one landowner’s use of his or her property unreasonably interferes with another’s enjoyment of his or her property, that use is said to be a private nuisance. Hoene v. Milwaukee, 17 Wis. 2d 209, 214, 116 N.W.2d 112 (1962); Metzger v. Hochrein, 107 Wis. 267, 269, 83 N.W. 308 (1900). See also Prosser, Law of Torts sec. 89, p. 591 (2d ed. 1971).
Main source: Dean’s Law Dictionary.
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Introduction to Nuisance
Nuisance, in law, use of property or course of conduct that interferes with the rights of others by causing damage, inconvenience, or annoyance.” (1)
Nuisance
Nuisance
Nuisance
Resources
See Also
- Working Condition
- Working Time
- Occupational Health
- Work Environment
- Labor Law
- Legal Working Age
Resources
See Also
- Anticipatory nuisance
- Attractive nuisance doctrine
- Common nuisance
- Legalized nuisance
- Offensive
- Private nuisance
- Public nuisance
Resources
See Also
- Actionable
Resources
See Also
- Abatable nuisance
Resources
Notes and References
- Information about Nuisance in the Encarta Online Encyclopedia
Guide to Nuisance
The Legal History of Nuisance in English Common Law
This section provides an overview of Nuisance in English Common Law
Resources
See Also
- Legal Biography
- Legal Traditions
- Historical Laws
- History of Law
Further Reading
- Nuisance in English Common Law in the Oxford International Encyclopedia of Legal History (Oxford University Press)
- The Oxford Encyclopedia of American Political and Legal History (Oxford University Press)
- Nuisance in English Common Law in the Dictionary of Concepts in History, by Harry Ritter
- A Short History of Western Legal Theory, by John Kelly
Hierarchical Display of Nuisance
Environment > Deterioration of the environment
Environment > Deterioration of the environment > Pollution
Nuisance
Concept of Nuisance
See the dictionary definition of Nuisance.
Characteristics of Nuisance
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Resources
Translation of Nuisance
- Spanish: Agente nocivo
- French: Nuisance
- German: Schadensfaktor
- Italian: Nocività
- Portuguese: Nocividade
- Polish: Czynniki szkodliwe
Thesaurus of Nuisance
Environment > Deterioration of the environment > Nuisance
Environment > Deterioration of the environment > Pollution > Nuisance
See also
- Pollution
- Water pollution
- Transfrontier pollution
- Industrial pollution
- Chemical pollution
- Accidental pollution
- Local pollution
- Noise pollution
- Food contamination
- Radioactive pollution
- Soil pollution
- Coastal pollution
- Pollution from agricultural sources
- Pollution from ships
- Oil pollution
- Thermal pollution
- Metal pollution
- Stratospheric pollution
- Atmospheric pollution
- Acidification
- Motor vehicle pollution
- Organic pollution
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