Nuisance

International Legal Research

Information about Nuisance in free legal resources:

Treaties & Agreements

International Organizations

Jurisprudence $ Commentary

European Union

IP Law

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.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

1000 Top law pages in Wikipedia in may 2012, 1500 Top law pages in Wikipedia in may 2012, Canadian Encyclopedic Digest: First Ontario Edition, Canadian Encyclopedic Digest: First Western Edition, International Court of Justice Part 6, International human rights law1, The Problem of Social Cost 5, The Problem of Social Cost 6, The Right to Privacy, Top 25.000 English words.

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

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

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

Resources

Translation of Nuisance

Thesaurus of Nuisance

Environment > Deterioration of the environment > Nuisance
Environment > Deterioration of the environment > Pollution > Nuisance

See also

Leave a Comment