Property lawLesson 3 of 3 in the course Easements and covenants

Nuisance: Land-Use Interference, Standing, and Remedies

5 flashcards · 5 quiz questions · 5 match pairs · 5 fill-in sentences · English

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Summary

This lesson introduces nuisance as a common-law tort and explains how it protects the use and enjoyment of land and certain rights shared by the public.

The word nuisance refers broadly to something that causes offence, annoyance, trouble, or injury. In law, it describes an activity or condition that unreasonably interferes with rights protected by the law. Nuisance is one of the oldest common-law causes of action.

All flashcards

What is nuisance in common law?
A tort involving an unreasonable interference with a legally protected interest, often the use and enjoyment of land or a right shared by the public.
What does private nuisance protect?
A person’s right to use and enjoy land, where another’s activity unreasonably interferes with that right.
What does public nuisance concern?
Unreasonable interference with rights shared by the public, including rights relating to health, safety, peace, or convenience.
Must nuisance involve trespass?
No. An activity on another person’s property can affect the claimant’s enjoyment without any physical entry onto the claimant’s land.
What is standing in a private nuisance claim?
The legal ability to bring the claim. It is generally limited to people with a recognized interest in the affected real property.

Quiz questions

  1. When may an individual bring a civil claim for public nuisance?Answer: When they prove special injury distinct from the harm suffered by the public generally.
  2. Under the principle associated with Sturges v Bridgman, what is the effect of a claimant moving into an area after a nuisance has begun?Answer: The claimant’s arrival after the activity began is generally not a defence to the nuisance claim.
  3. How does US law commonly distinguish nuisance in fact from nuisance per se?Answer: Nuisance in fact depends on circumstances; nuisance per se is a nuisance under all circumstances.
  4. What remedy did the court allow in Boomer v. Atlantic Cement Co. instead of a complete injunction?Answer: The plant owner could pay specified permanent damages while the activity continued.
  5. How can right-to-farm provisions affect nuisance claims in some US jurisdictions?Answer: They may limit claims against certain agricultural uses in farming areas.

Based on the Wikipedia article Nuisance, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.

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