Private nuisance definition

Private nuisance means a nontrespassory 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.
Private nuisance means every nuisance which is not included in the definition of a public nuisance.
Private nuisance means a nuisance in fact that does not affect the health, safety, or welfare of the general public.

Examples of Private nuisance in a sentence

  • An activity constitutes a private nuisance if it is a substantial and unreasonable invasion of another’s interest in the private use and enjoyment of land, without involving trespass.3 Private nuisance actions are brought by the aggrieved landowner.

  • Private nuisance is based on property holdings, as opposed to public nuisance.

  • Private nuisance involves an act or omission which is an interference with, disturbance of, or annoyance to a person in the exercise or enjoyment of his or her ownership or occupation of land or some easement, profit or right in connection with the land.26Circumstances where a private nuisance might be caused include the undertaking of works to mitigate the effects of climate change.

  • Private nuisance has therefore been adequately pleaded as to these defendants.

  • Private nuisance may be well-suited to environmental class actions.91 In a recent Ontario trial of the common issues in an environmental class action, the Ontario Superior Court of Justice ruled that plaintiffs had a cause of action in private nuisance aris- ing from the defendant’s contamination of the soil on the plain- tiffs’ property.92 A similar action could be brought in respect of climate change.

  • Second: Private nuisance, with rights (e.g., lease, ownership, other) to property within their jurisdictions.

  • Private nuisance is a tort (civil wrong) under the UK common law system.

  • Came in to discuss the hospital is preparing to sell the property the old hospital was on and needs to release the property as collateral from the bonds.

  • First cause of action – nuisance Private nuisance [25] The second amended statement of claim pleaded certain actions as constituting a nuisance.

  • Nova Scotia Forest Industries 1983– Want injunction to stop SCFI from spraying herbicide.– Fear of harm spray would cause to water and health (a farmer and an indian).– Private nuisance: Requires substantial interference with a person's enjoyment of property.


More Definitions of Private nuisance

Private nuisance means every nuisance not included in paragraph 3 of this section; and
Private nuisance means a nontrespassory invasion of another's interest in the private use and enjoyment of land, and the invasion is either: (1) intentional and unreasonable, or

Related to Private nuisance

  • Public nuisance means a building that is a menace to the public health, welfare, or safety, or that is structurally unsafe, unsanitary, or not provided with adequate safe egress, or that constitutes a fire hazard, or is otherwise dangerous to human life, or that in relation to the existing use constitutes a hazard to the public health, welfare, or safety by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment. “Public nuisance” includes buildings with blighting characteristics as defined by Iowa Code section 403.2.

  • Nuisance means any injury, harm, damage, inconvenience or annoyance to any person which is caused in any way whatsoever by the improper handling or management of waste, including but not limited to, the storage, placement, collection, transport or disposal of waste or by littering;

  • private road means a road (not being a public road) which is either constructed by the Joint Venturers in accordance with their proposals as approved by the Minister hereunder or agreed by the parties to be a private road for the purposes of this Agreement;