Private Nuisance
Nuisance is the use (misuse) of private real property in a manner that causes an unreasonable and substantial interference with the use and enjoyment of another's real property, without constituting a trespass or physical invasion. The law of "nuisance" developed when common law actions in "trespass on the case" resulted only in an award for damages, forcing the plaintiff to look toward equity for injunctive relief (abatement.) Most modern nuisance cases seek injunctive relief with a prayer for special damages.
According to John Bouvier, A Law Dictionary Adapted to the Constitution and Laws of the United States of America and the Several States of the American Union, Childs & Peterson, c1856:
NUISANCE, crim. law, torts. This word means literally annoyance; in law, it signifies, according to Blackstone, "anything that worketh hurt, inconvenience, or damage." 3 Comm. 216.
Nuisances are either public or common,
or private nuisances.
A private
nuisance is anything done to the hurt or annoyance of the lands, tenements, or
hereditaments of another. 3 Bl. Com. 1215; Finch, L. 188.
These are such as are injurious to
corporeal inheritance's; as, for example, if a man should build his house so as to throw
the rain water which fell on it, on my land; F. N. B. 184; or erect his. building, without
right, so as to obstruct my ancient lights; 9 Co. 58; keep hogs or other animals so as to
incommode his neighbor and render the air unwholesome. 9 Co. 58.
Private nuisances may also be injurious
to incorporeal hereditaments. If, for example, I have a way annexed to my estate, across
another man's land, and he obstruct me in the use of it, by plowing it up, or laying logs
across it, and the like. F. N. B. 183; 2 Roll. Ab. 140. [Emphasis mine.]
Other principles that underlie private nuisance law are:
That no property owner has the
right to injure, degrade or trespass upon another's property or interfere with the use and
enjoyment of that property in the exercise of using and enjoying his own property;
That injury must be both
"real" and "substantial" (damnum absque injuria);
That "customary usage"
established by local community tradition is not usually considered to be injurious; and
That those claiming injury are
held to a standard of ordinary common sense in that, prior to complaint, the claimant must
have done whatever is reasonably necessary to minimize such damage or prevent it.
