Legal Definitions - Nuisance

Nuisance is a legal term for when someone's actions or the way they use their property significantly and unreasonably interferes with the rights of others.

It can take two main forms:

• Public Nuisance: This occurs when an individual or entity unreasonably interferes with a right that the general public shares in common. This might involve actions that affect public health, safety, peace, or convenience for a community or a significant number of people.
• Example: A chemical plant consistently releases foul-smelling, non-toxic fumes into the air that drift over a nearby town. While not immediately dangerous, the pervasive odor makes it unpleasant for residents to spend time outdoors, open their windows, or enjoy their community park. This is a public nuisance because it interferes with the general public's shared right to enjoy clean air and the peaceful use of their public spaces.
• Private Nuisance: This happens when a person's use and enjoyment of their own land is substantially and unreasonably interfered with by another person's activity or property condition. The harm is typically directed at a specific property owner or a small group of owners rather than the public at large.
• Example 1: A homeowner installs bright, motion-activated floodlights that constantly illuminate their neighbor's bedroom window throughout the night, even when no one is present. The neighbor experiences significant sleep disruption and cannot enjoy the privacy and darkness of their own home. This is a private nuisance because the floodlights substantially and unreasonably interfere with the neighbor's specific use and enjoyment of their property.
• Example 2: A commercial dog boarding facility opens next to a residential property. The constant barking and howling from the facility, especially during early morning and late evening hours, makes it impossible for the adjacent homeowner to relax in their backyard, work from home, or sleep peacefully. This constitutes a private nuisance as it substantially and unreasonably disrupts the homeowner's ability to use and enjoy their land.

If a nuisance is proven, a court might order the responsible party to stop the interfering activity (an injunction) or pay money to compensate for the harm caused (damages).