Property II

Nuisance

In general, one can use his property in any way he wishes. However, this is limited when it can harm others' rights and is therefore subject to the doctrine of nuisance.

A nuisance is a substantial and unreasonable interference with someone's use of his property.

Restatement Second of Torts § 821F
Restatement Second of Torts § 821F

Significant Harm

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There is liability for a nuisance only to those to whom it causes significant harm, of a kind that would be suffered by a normal person in the community or by property in normal condition and used for a normal purpose.

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Restatement Second of Torts § 822
Restatement Second of Torts § 822

General Rule

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One is subject to liability for a private nuisance if, but only if, his conduct is a legal cause of an invasion of another's interest in the private use and enjoyment of land, and the invasion is either

  1. intentional and unreasonable, or
  2. unintentional and otherwise actionable under the rules controlling liability for negligent or reckless conduct, or for abnormally dangerous conditions or activities.
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Intentional Invasion
Restatement Second of Torts § 825
Restatement Second of Torts § 825

Intentional Invasion—What Constitutes

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An invasion of another's interest in the use and enjoyment of land or an interference with the public right, is intentional if the actor

  1. acts for the purpose of causing it, or
  2. knows that it is resulting or is substantially certain to result from his conduct.
Copyright, The American Law Institute
Restatement Second of Torts § 826
Restatement Second of Torts § 826

Unreasonableness of Intentional Invasion

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An intentional invasion of another's interest in the use and enjoyment of land is unreasonable if

  1. the gravity of the harm outweighs the utility of the actor's conduct, or
  2. the harm caused by the conduct is serious and the financial burden of compensating for this and similar harm to others would not make the continuation of the conduct not feasible.
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Gravity of Harm
Restatement Second of Torts § 827
Restatement Second of Torts § 827

Gravity of Harm—Factors Involved

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In determining the gravity of the harm from an intentional invasion of another's interest in the use and enjoyment of land, the following factors are important:

  1. The extent of the harm involved;
  2. the character of the harm involved;
  3. the social value that the law attaches to the type of use or enjoyment invaded;
  4. the suitability of the particular use or enjoyment invaded to the character of the locality; and
  5. the burden on the person harmed of avoiding the harm.
Copyright, The American Law Institute
Utility of Harm
Restatement Second of Torts § 828
Restatement Second of Torts § 828

Utility of Conduct—Factors Involved

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In determining the utility of conduct that causes an intentional invasion of another's interest in the use and enjoyment of land, the following factors are important:

  1. the social value that the law attaches to the primary purpose of the conduct;
  2. the suitability of the conduct to the character of the locality; and
  3. the impracticability of preventing or avoiding the invasion.
Copyright, The American Law Institute
Test Structure

A nuisance is present if the gravity of the harm outweighs the utility of the conduct.

Gravity of the harm has five factors. These are ...

Analyze each in separate paragraph.

Utility of the conduct has three factors. These are ...

Analyze each in separate paragraph.