{"id":353504,"date":"2016-05-13T13:31:22","date_gmt":"2016-05-13T18:31:22","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/torts-and-personal-injuries\/private-nuisance.html"},"modified":"2025-09-09T12:39:33","modified_gmt":"2025-09-09T17:39:33","slug":"private-nuisance","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/private-nuisance.html","title":{"rendered":"Private Nuisance"},"content":{"rendered":"\n
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Private Nuisance<\/h1>\n\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Robert Rafii, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

The common law\u00a0tort\u00a0of private nuisance protects a person’s right to the enjoyment and use of property. It includes the enjoyment of the land and free use of the real property owned by that person.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

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.<\/p>\n

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.<\/p>\n

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<\/a> before taking any further steps.<\/p>\n

What Is a Private Nuisance?\u00a0<\/h2>\n

A\u00a0nuisance<\/a> 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.<\/p>\n

A few examples of private nuisances are:<\/p>\n