Also known as: use and enjoyment · quiet enjoyment
Written by attorneys · grounded in primary & secondary sources — see below
An interest in land that the law of private nuisance protects against nontrespassory invasions. The interest encompasses the rights of a possessor or owner to use property for ordinary purposes without substantial interference from another's conduct. Liability arises only when the invasion is intentional and unreasonable or otherwise actionable under negligence or strict liability rules.
Uma Underwood conveyed her home to Ulysses Usher by general warranty deed. After closing, a recorded party-wall agreement required Usher to share repair costs with the neighbor. Usher sued Underwood for breach because the agreement impaired his ability to use and enjoy the property without unexpected financial burdens.
Una Ueda owns a waterfront home across from a ship-repair yard operated by Union Steel. The yard's open-air sandblasting sent metallic dust onto Ueda's decks and furniture and produced nighttime noise that prevented sleep. Ueda sued for private nuisance because the operations invaded her interest in the use and enjoyment of her land.
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Usman Uddin lives next to a factory that installed new equipment knowing it would increase airborne grit reaching his home. After Uddin complained, the factory continued operations without enclosures. Uddin sued claiming the conduct caused an intentional invasion of his interest in the use and enjoyment of his land.
Usha Upton leased a campus building from a university that held an open-lawn covenant from a neighboring owner. When the neighbor paved the lawn for parking, Upton sued to enforce the restriction because the change interfered with the use and enjoyment of the leased premises.
Uriah Urban operated a metal-cutting business that sent dust across a narrow inlet onto a neighbor's property. After receiving complaints, Urban installed additional equipment that he knew would worsen the dust problem. The neighbor sued alleging an intentional invasion of the use and enjoyment of her land.
Ultimate Solutions ran a processing plant that emitted a strong odor affecting nearby homes. The odor coated outdoor furniture and prevented normal outdoor activities for several residents. The residents sued claiming the invasion substantially impaired their use and enjoyment of land under the gravity-of-harm factors.
Only those who hold property rights and privileges in the affected land may recover. This includes possessors, owners of easements and profits, and holders of nonpossessory estates that are detrimentally affected.
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An invasion is intentional if the actor acts for the purpose of causing it or knows that it is resulting or is substantially certain to result from the conduct. Continued operations after notice of harm satisfies this standard.
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Courts consider the extent and character of the harm, the suitability of the locality, the burden on the plaintiff of avoiding the harm, and the value placed on the invaded interest by the community. Severe harm that exceeds what a normal person should bear supports liability.
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Yes. The covenant of quiet enjoyment in a general warranty deed promises that the grantee will not be disturbed in the use and enjoyment of the land by superior title claims. Breach occurs when an encumbrance such as a recorded agreement impairs that interest.
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…The Court of Appeals erred in holding that the occupation was not a "taking" because it did not substantially interfere with the use and enjoyment of the property. The test for a "taking" is not whether the occupation substantially interferes with the use and enjoyment of the property, but whether it constitutes a permanent physical…