LAW 516-001 – Property II

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.