Private Nuisance

A private nuisance is any action or conduct that is found to interfere with another's ability to enjoy their property, especially land. Specifically, a private nuisance occurs privately, affecting only a single person or small group of people, as opposed a public nuisance, which affects many. Historically, the problem of private nuisance became more popular, at least in the United States, as the country became more populated, causing houses to be closely positioned in respect to each other. The most common type of private nuisance still takes place in homes — for example, a neighbor who causes noise that affects one other neighbor or has a dog who scares off their visitors may be considered a private nuisance. In common law, private nuisance is a tort, or civil wrongdoing, which means a party who has been harmed in some way may sue for damages.

Fast Facts

  • nuisances that happen publicly are called public nuisance
  • Trespass is not a private nuisance; it is a tort in itself

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