Nuisance
Definition
Nuisance is an unreasonable interference with another’s use and enjoyment of property (private nuisance) or with a right common to the general public (public nuisance). Unlike trespass, nuisance does not require a physical invasion of the plaintiff’s land — it focuses on interference with the use and enjoyment of land.
Elements
Private nuisance:
- Plaintiff has a property interest in land;
- Defendant’s conduct interferes with plaintiff’s use and enjoyment of that land;
- The interference is either:
- Intentional and unreasonable, OR
- Unintentional but resulting from negligent, reckless, or abnormally dangerous conduct; AND
- The interference is substantial (not merely trivial or transient).
Reasonableness balancing (Restatement (Second) of Torts §§ 826-831):
- Gravity of harm: extent, character, and social value of plaintiff’s use; whether plaintiff can avoid harm; character of neighborhood.
- Utility of conduct: social value of defendant’s conduct; suitability in the locality; practicability of avoiding the harm.
Public nuisance: Unreasonable interference with a right common to the general public. Private plaintiff must show special injury beyond what the public suffers to maintain a cause of action.
Key Cases
- Boomer v. Atlantic Cement Co. (N.Y. 1970): Cement plant caused dust, smoke, and vibration interfering with neighbors. New York Court of Appeals held that permanent damages (not an injunction) were appropriate where the economic cost of shutting down the plant far outweighed the harm to plaintiffs. Rejected the traditional rule that injunction follows on finding of nuisance.
- Spur Industries, Inc. v. Del E. Webb Development Co. (Ariz. 1972): Developer who built residential community near pre-existing cattle feedlot could obtain an injunction, but was required to indemnify the feedlot operator for its relocation costs — “coming to the nuisance” doctrine limited plaintiff’s recovery.
Policy / Rationale
- Mediates incompatible land uses in a world of increasing urbanization.
- Balancing approach recognizes that both parties may have legitimate uses; injunctions are not automatic.
- Economic analysis (Coase theorem) underlies the remedial choice: assign liability to minimize transaction costs.
- Coming to nuisance doctrine reflects concern about moral hazard — developers should not be able to profit from residential development and then use nuisance law to shut down prior industrial neighbors.
Distinction from Trespass
Trespass to land requires a physical invasion of the plaintiff’s land. Nuisance requires interference with use and enjoyment but not necessarily physical entry. Some courts allow trespass claims for particulate matter (dust, chemicals).