Also known as: nuisance · nuisances · law of nuisance · nuisance law · private nuisance · public nuisance
Written by attorneys · grounded in primary & secondary sources — see below
A body of principles determining liability for nontrespassory invasions of another's interest in the private use and enjoyment of land. Liability arises only to those holding property rights in the affected land and requires weighing the gravity of the harm against the utility of the conduct.
Liam Larson owns a home next to a factory operated by Legacy Motors. Fumes from the factory enter Larson's windows on multiple days each month, forcing him to keep his children indoors and run air conditioning. Larson sues Legacy Motors claiming the emissions prevent normal residential use of his property. The court evaluates whether the invasion qualifies as unreasonable under the law of nuisances.
Levi Lowe purchased coastal land intending to build homes. A new state regulation prohibits all construction to prevent erosion. Lowe claims the rule eliminates all economic use and seeks compensation as a taking. The state defends by showing that the prohibited development would have constituted a nuisance under longstanding property principles.
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The plaintiff must prove a nontrespassory invasion of an interest in the private use and enjoyment of land that is unreasonable. Courts weigh the gravity of the harm, including the burden of avoidance, against the utility of the defendant's conduct.
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A regulation that eliminates all economically beneficial use of land requires compensation unless the prohibited activity was already barred by background principles of nuisance or property law at the time of acquisition.
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Yes. When the plaintiff can avoid the interference only at substantial cost or by sacrificing normal property uses, that burden supports a finding that the invasion is unreasonable and actionable.
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