Nuisance is a frequently tested topic on the MBE and essay portions of the bar exam. Nuisance can be public or private. This blog post covers private nuisance.
Private Nuisance
Definition: Private nuisance is a substantial and unreasonable interference with another person’s use and enjoyment of their land.
Substantial interference is something that is annoying, offensive, or inconvenient to an average person. Unreasonable interference is when the harm caused by the activity is greater than the benefit from the activity. For private nuisance claims, the plaintiff must have a possessory interest in the land. Ownership of land is not required.
Note that private nuisance is analyzed using an objective standard.
Consider an example: A landlord rents their home to a tenant. The home across the street plays extremely loud music at night. The tenant is deaf and cannot hear the music. However, on one occasion the landlord is visiting the tenant and hears the loud music. The landlord wants to bring an injunction to stop the nuisance. The homeowner argues that since the tenant is deaf and the landlord does not live there, the music is not a nuisance to the landowner. Therefore, they should be allowed to play it at the desired volume.
Here, the landlord would prevail. Subjectively speaking, the tenant is not experiencing the nuisance from the loud music because they are deaf. However, private nuisance claims are evaluated using an objective standard. Loud music at night is annoying, offensive and inconvenient to an average person. It is unreasonable interference in the use and enjoyment of one’s land. The landlord has a possessory interest in land as owner of the property.
Remedies for private nuisance included damages and injunctive relief. Here, the landlord can obtain an injunction.