What is a nuisance claim?

A nuisance claim is a legal claim which is based upon another person's interference with an individual's right to their property. There are two types of nuisance claims: public nuisance and private nuisance.

In a public nuisance, there is the unreasonable interference with the right of the general public's use of property.  For example, this could be activity which disrupts the general welfare, peace or safety of the public.  In a private nuisance, there is activity which disturbs one's private use and quiet enjoyment of their individual use of their property. For example, a private nuisance could include the following:

• noise disturbances emitted from nearby properties
• odors from adjacent properties

In order to sustain a nuisance claim, one must demonstrate certain legal elements. While each state has particular elements one must prove, generally, one must show the following:

• an act which is irritating, harmful or offensive to a reasonable person of ordinary sensibilities
• damages caused by the act

If one is successful in a nuisance lawsuit, one may receive damages and/or injunctive relief.  Injuctive relief is where one must refrain from acting in a particular course of conduct.  For example, if a neighboring property owner is playing loud music twenty-four hours a day, successful injunctive relief would force the property owner to stop doing so.

If one has been harmed by a nuisance, one should speak to an experienced nuisance attorney regarding one's nuisance claim. An experienced nuisance attorney can review one's case and help one to select the most appropriate course of legal action.  Moreover, an attorney can help one obtain the relief one seeks to obtain in the matter.