Legal Definitions - nuisance per accidens

Nuisance per accidens refers to an activity or condition that is not inherently harmful or unlawful but becomes a legal nuisance due to the specific circumstances, location, or manner in which it is carried out. Unlike a "nuisance per se" (which is always considered a nuisance regardless of context), a nuisance per accidens requires a court to examine the particular facts of the situation to determine if it unreasonably interferes with another person's use and enjoyment of their property.

Here are some examples illustrating this concept:

• Example 1: Noisy Hobby in a Residential Area

  Imagine a homeowner who develops a passion for restoring vintage motorcycles in their garage. This hobby involves frequent use of loud power tools, grinding, and engine testing, often extending late into the evening or starting very early in the morning. While restoring motorcycles is a perfectly legitimate activity, the manner (excessive noise) and timing (disruptive hours) of this activity in a quiet residential neighborhood could unreasonably disturb their neighbors' sleep and peace.

  This illustrates a nuisance per accidens because the act of restoring motorcycles is not inherently a nuisance. However, the specific circumstances of its execution – the noise levels and timing in a residential zone – transform it into an unreasonable interference with the neighbors' right to quiet enjoyment of their property.

• Example 2: Commercial Operation with Unreasonable Emissions

  Consider a new, legitimate dry-cleaning business that opens in a mixed-use zone, adjacent to residential apartments. While dry cleaning is a lawful commercial operation, the business's ventilation system is improperly installed or maintained, causing strong chemical fumes to constantly drift into the neighboring apartments. These fumes make the apartments difficult to inhabit due to the pervasive odor and potential health concerns for residents.

  Operating a dry-cleaning business is a legal activity. However, the specific circumstances of its operation – the faulty ventilation system causing noxious fumes to invade neighboring properties – transform an otherwise legitimate business into a nuisance per accidens because it unreasonably interferes with the residents' use and enjoyment of their homes.

• Example 3: Excessive Light Pollution from a Business

  A large retail store installs powerful security lights in its parking lot to deter crime. While security lighting is a common and legitimate safety measure for commercial properties, these particular lights are angled and intensely bright, directly flooding the bedrooms of several adjacent residential homes with continuous, strong light throughout the night. This makes it impossible for the residents to sleep comfortably.

  Installing security lights is a normal and legal practice for a commercial property. However, the specific way these lights are positioned and their intensity create an unreasonable and substantial interference with the neighbors' ability to sleep and enjoy their homes. The lights themselves are not inherently a nuisance, but their effect in this particular context makes them a nuisance per accidens.