Also known as: annoyance · annoyances · annoying · nuisance
Written by attorneys · grounded in primary & secondary sources — see below
A historical legal term for an annoyance or nuisance. It denotes a nontrespassory invasion of another's interest in the private use and enjoyment of land.
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Alice Atkins owns a home next to Atlas Ventures' new manufacturing plant. The plant releases fumes and noise that prevent Alice from using her backyard for gardening or entertaining guests. Alice sues for private nuisance based on the substantial interference with her land enjoyment.
Arthur Abrams seeks broad discovery from Alliance Holdings in a contract dispute. Alliance moves for a protective order, certifying good-faith efforts to narrow the requests and arguing that compliance would impose annoyance and undue expense on its employees.
Amelia Amari buys coastal property for development. A new regulation bars all construction, leaving the land without economically beneficial use. Amelia claims a per se taking, but the state defends by showing the prohibited uses were already barred as common-law nuisances at acquisition.
Alexandra Armstrong operates a farm adjacent to Audrey Ashton's residence. Persistent odors from the farm reduce the home's market value and cause ongoing discomfort to Audrey as occupier. Audrey seeks damages measured by the difference in land value plus compensation for the annoyance.
Penn Central Transportation Co. owns Grand Central Terminal. New York City's landmark law prevents construction of an office tower above the station. The company alleges the restriction interferes with reasonable investment-backed expectations in its property use.
Atlantic Cement Co. operates a plant that emits dust harming nearby homeowners including the Boomers. The homeowners prove substantial interference with use and enjoyment of their land. The court weighs permanent damages against an injunction that would close the plant.
It is the Law French predecessor of the word nuisance and refers to a nontrespassory invasion of another's interest in the private use and enjoyment of land.
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No. The definition expressly covers nontrespassory invasions that interfere with use and enjoyment, such as odors, noise, or fumes.
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Only those who hold property rights or privileges in the affected land, including possessors, may recover under the governing rule.
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…that the government would seem to be singling out a particular property owner. Hadacheck, supra , at 413.[^maj-8] The nuisance exception to the taking guarantee is not coterminous with the police power itself. The question is whether the forbidden use is dangerous to the safety, health, or welfare of others. Thus,…