Also known as: nuisance · nuisances · private nuisance · public nuisance · nuisance tort
Written by attorneys · grounded in primary & secondary sources — see below
A tort consisting of a nontrespassory invasion of another's interest in the private use and enjoyment of land. Liability arises only to those who hold property rights or privileges in the affected land, including possessors.
Tobias Thomas owns a home directly under the flight path of Trailblazer Airlines' new runway. The constant low-altitude overflights generate intense noise and vibration that prevent Thomas from using his backyard for family gatherings or sleeping through the night. Thomas sues the airline for damages, claiming the operations substantially interfere with his use and enjoyment of the property even though no planes enter his airspace.
Tracy Torres purchased coastal land intending to build vacation homes after confirming residential zoning. The county later enacted a no-build rule that left the parcel unsaleable and unusable for any income-producing purpose. Torres sues alleging the regulation constitutes a taking, arguing that the prohibited uses were not already barred by preexisting nuisance principles at the time of purchase.
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Travis Tate and several nearby homeowners sue Atlantic Cement after dirt, smoke, and vibration from the plant render their properties nearly unusable for ordinary residential purposes. The trial court finds a nuisance but denies an injunction, awarding only temporary damages. The homeowners appeal, seeking permanent relief that would halt operations.
Tamara Tan publishes a periodical that local officials label a public nuisance under a state abatement statute. The state seeks to enjoin future publication as a continuing nuisance. Tan challenges the injunction on constitutional grounds, arguing that the nuisance label cannot justify prior restraint of speech.
Trevor Tate operates a feedlot that produces odors and flies affecting residents of a nearby retirement community developed by Taliah Tang. Tang sues for an injunction and damages after the feedlot's operations substantially impair the use and enjoyment of the new homes. The court must decide whether to close the feedlot or award damages instead.
Topaz Mining and several states sue American Electric Power alleging that emissions from its coal-fired plants create a private nuisance by interfering with property use and enjoyment across state lines. The defendants move to dismiss, arguing that federal regulatory statutes displace common-law nuisance claims.
Private nuisance protects use and enjoyment of land without requiring a physical invasion, whereas trespass requires an entry onto the land itself. Courts in nuisance cases also consider the social utility of the defendant's activity and require proof of actual damage.
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A court may deny an injunction when the harm to the defendant from shutting down a useful activity outweighs the harm to the plaintiff, especially if damages can adequately compensate the plaintiff. The balance of hardships is weighed separately from the initial determination that a nuisance exists.
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A plaintiff who acquires property after the nuisance begins is not automatically barred from suit, but courts may consider the timing when deciding whether to grant an injunction or limit damages.
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Federal regulatory statutes may displace federal common-law nuisance claims when Congress has provided a comprehensive scheme, but state common-law claims may still proceed unless the statute expressly preempts them.
…In solving doubts, the maxim sic utere tuo ut alienum non laedas , which lies at the foundation of so much of the common law of nuisances, ordinarily will furnish a fairly helpful clew. And the law of nuisances, likewise, may be consulted, not for the purpose of controlling, but for the helpful aid of its analogies in the…