Also known as: non-trespassory invasion · nontrespassory invasion · nontrespassory invasions · private nuisance
Written by attorneys · grounded in primary & secondary sources — see below
A type of interference with land use that occurs without any physical entry onto the property. It impairs the possessor's ability to enjoy the land through intangible means such as odors, noise, smoke, or vibrations.
Harper owns a condominium next to a boutique hotel operated by Larkin Hospitality. The hotel opens a rooftop bar that sends loud music and cigarette smoke onto Harper's balcony each evening. Harper can no longer sit outside or open windows without discomfort. The interference occurs through sound and drifting air rather than any person or object crossing the boundary.
Olivia owns a home next to a metal fabrication plant operated by Apex Metals. The plant installs a powder-coating line that releases fine particulates and a strong chemical odor. Olivia can no longer open her windows or hang laundry outside without discomfort. The emissions reach her property through the air without any physical entry by the plant.
Select any source to read its text and confirm it supports the definition.
A farmer applies pesticide by aerial spraying on fields adjacent to a certified organic farm. The wind carries the chemical particles onto the organic fields. The organic farmer must destroy affected crops and loses certification. No equipment or workers from the spraying operation physically enter the organic land.
A homeowner installs a solar collector on the roof of an existing residence. A neighbor later builds a home that casts a permanent shadow over the collector. The homeowner can no longer generate the expected electricity. The interference arises from the placement of the new structure rather than any entry onto the affected property.
A mill conducts repeated blasting operations near a mink ranch. The explosions cause the mother mink to become agitated and kill their young. The ranch owner suffers repeated losses without any physical intrusion onto the ranch land. The disturbance travels through vibrations and sound.
A feedlot operator maintains thousands of cattle near land being developed into retirement homes. The resulting odors and flies make outdoor living unpleasant for the new residents. The developer faces sales resistance and complaints from buyers. The interference reaches the homes through the air without any physical crossing of the boundary.
A nontrespassory invasion reaches the land through intangible means such as odors, noise, or smoke. Trespass requires a physical entry by a person or tangible object. The distinction determines whether the claim proceeds under nuisance or trespass doctrine.
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Only persons who hold property rights or privileges in the affected land may recover. This includes possessors such as owners and tenants. Licensees and temporary visitors generally lack standing.
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No. Ordinance violations may support a finding of unreasonableness but are not required. A defendant may create a nuisance while complying with all regulations, and a technical violation does not by itself prove the invasion.
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Yes. Owners of easements qualify as persons with property rights in the affected land. Interference that impairs the specific rights granted by the easement supports a private nuisance claim.
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…is solely between Del E. Webb Development Company and Spur Industries, Inc. MAY SPUR BE ENJOINED? The difference between a private nuisance and a public nuisance is generally one of degree. A private nuisance is one affecting a single individual or a definite small number of persons in the enjoyment of private rights not common…