Also known as: non-trespassory invasions · nuisance
Written by attorneys · grounded in primary & secondary sources — see below
An invasion of another's interest in the private use and enjoyment of land that occurs without physical entry onto the property.
Nolan Nunez owns a home next to a Nova Pharmaceuticals plant. The plant releases chemical vapors that drift onto Nolan's property and cause persistent odors that prevent him from using his backyard for recreation. Nolan sues for private nuisance. The court treats the vapors as a non-trespassory invasion because they interfere with use and enjoyment without any physical entry by Nova's agents or materials.
Natalie Norris buys coastal land that a new state regulation later renders unusable for any economically beneficial purpose. Natalie claims a per se taking. The state defends by arguing the regulation merely codifies background nuisance principles. The court examines whether the barred uses would have constituted a non-trespassory invasion of neighboring interests under common-law nuisance doctrine at the time of acquisition.
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Trespass requires physical entry onto land. A non-trespassory invasion interferes with use and enjoyment through indirect means such as odors, noise, or fumes that cross property lines without entry.
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Yes. The harm must be significant rather than trifling. Courts balance the plaintiff's hardship against the social utility of the defendant's conduct before finding liability.
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Only persons who hold property rights or privileges in the affected land, including possessors, may recover for private nuisance based on a non-trespassory invasion.
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A regulation that authorizes or compels a non-trespassory invasion may constitute a taking if it deprives the owner of all economically beneficial use, unless the use was already prohibited by background nuisance principles.
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