Private Nuisance

Property owners have a right to the enjoyment and use of their land. If another party interferes with that right, there may be an actionable nuisance.

For instance, a neighbor regularly plays their music at maximum volume late at night. An affected property owner who hears the music can sue the interfering party. Even if nobody was physically hurt, the law helps to protect property owners’ rights.

This article explains the elements that a plaintiff must prove in order to win a private nuisance case or cause of action. If you’re considering your legal options, get advice from a local tort and injury attorney before taking any further steps.

What Is a Private Nuisance? 

A nuisance is something that causes an annoyance. The law addresses two types of nuisance claims. If a nuisance causes problems to the general public, it’s classified as a public nuisance. If it interferes with the right of a specific person or entity, it is considered a private nuisance.

A few examples of private nuisances are:

• Vibrations and loud noises
• Pollution of a stream or soil
• Smoke or foul odors
• Excessive light

Private nuisance claims are a tort. Tort law deals with civil wrongs for which you can sue others under the common law. Common law is law that has been created by judges through historical court cases. Nuisance laws have evolved under common law tort interpretations across different jurisdictions (states).

Neighbor Disputes: Trespassing vs. Private Nuisance

Private nuisance lawsuits typically arise between neighbors. One property owner is negatively affected by a neighbor’s unreasonable interference.

If the intrusion is physical, a property owner may be able to sue under the legal theory of trespass. If trespass laws do not apply, but there is still interference, a property owner may be able to sue under the theory of private nuisance.

Talking to your neighbor about their nuisance is usually the best first step before bringing a nuisance action. They may not fully realize the effects of their actions. You may also discuss the issue with your homeowners association (HOA) if you and your neighbors are subject to one. 

The Elements of a Private Nuisance Lawsuit

To better understand if a claim for a private nuisance is valid under the law of torts, compare it to the necessary legal elements. Jurisdictions may vary in their definition of a private nuisance. Check your state laws to see the specific elements in your area.

Typically, a plaintiff must prove all the following elements under state law:

• The plaintiff owns the land or has the right to possess their own property.
• The defendant’s actions interfere with the plaintiff’s enjoyment and use of their property rights.
• The defendant’s interference was substantial and unreasonable.

The first element is self-explanatory. Only a person who has an interest in the affected property can file a claim.

As for the second element, it’s important to understand that the defendant’s acts can vary. They may be intentional, negligent, or reckless.

The third element is meant to prevent people from suing for petty annoyances. In determining if a particular interference is substantial, the court will apply a standard of an ordinary person. The court looks at the ability of a reasonable person to enjoy the property.

If a property owner has a particular sensitivity to odors or noise, for example, that might not be enough. A plaintiff’s individual sensitivities may not mean that a defendant’s actions constitute substantial interference.

The court will apply a balancing test to determine whether the defendant’s conduct was unreasonable. The test weighs the harm caused by the conduct against the burden of preventing the harm. It also looks at the usefulness and reasonableness of the act. For example, a defendant whose actions negatively affect property values may be found to have interfered.

What a Court May Award You

Often, the goal of a private nuisance claim is to stop the offending behavior. Sometimes, the outcome also includes compensation for the nuisance’s negative effects. The specific outcome will depend on the facts of the case.

Compensatory Damages

Compensatory damages are designed to make you whole. They can cover different types of damages. If you suffer property damage, injuries to your person, and/or emotional distress, you can recover money.

Depending on what you’re seeking to recover, a court will want to see:

• Replacement costs
• Market values of the affected property
• Medical records or bills

Injunctions

Nuisance as a form of property damage may warrant swift legal action. A court may provide injunctive relief to protect a plaintiff’s use or enjoyment of their property.

An injunction is a court order requiring a defendant to stop doing something. It can prevent the loss of real estate use and even avoid potential physical injury from a continuing nuisance.

Costs and Legal Fees

Some courts may also award you the fees you incurred bringing your lawsuit. This often includes attorney fees and court filing costs.

Bothered by a Private Nuisance? Discuss Your Options With an Attorney

It can be frustrating to feel like you can’t peacefully enjoy your property. Perhaps your neighbor owns troublesome animals, drives loud vehicles, or has installed a water feature that ruined your property.

You may be wondering whether you have a valid private nuisance claim. You might also be concerned if someone has filed a private nuisance claim against you.

In these cases, you may want to contact a local personal injury attorney experienced in property disputes to discuss your options and obtain legal advice.