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.
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Private nuisance means every nuisance not included in paragraph 3 of this section; and
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Private nuisance means every nuisance which is not included in the definition of a public nuisance.
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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.

  • There are three parts to the Communicants’ case: (1) Private nuisance proceedings concerning environmental matters fall within the scope of Article 9 of the Convention.

  • Private nuisance has traditionally been categorized as a tort of “strict liability”, such that a successful claim could be established without demonstrating that the defendant had misconducted himself in causing loss.

  • Private nuisance is not a cognizable claim in this case.Furthermore, public nuisance is not a cognizable claim in this case.

  • However, this term also has specific meanings in environmental law:(a) Statutory nuisance, as defined in S79(1) of the Environmental Protection Act 1990 (as amended from time to time).(b) Private nuisance, arising from substantial interference with a person’s enjoyment and use of his land.(c) Public nuisance, arising from an act or omission that obstructs, damages or inconveniences the rights of the community.

  • Private nuisance focuses on the existence of a harmful condition rather than on the defendant’s conduct.64 In the context of nuisance, reasonableness analysis weighs the social utility of the defendant’s activity against the harms caused by the activity.65 In the context of negligence, by contrast, reasonableness analysis assesses the defendant’s conduct against an objective standard of reasonable conduct.

  • Private nuisances are described in Section 821 D Restatement.61 Private nuisance claims are enjoined in actions brought by individuals whose private interests with the land are affected by them.

  • Private nuisance claims can be premised on conduct that is either intentional or negligent in nature.Lichtman v.

  • It is humbly submitted before the honourable court that the driver of the truck is liable for negligence, recklessness (non-abidance of driving principle for self-safety and safety of the other on the road.) Private nuisance and liability for dangerous chattel (dangerous per se).


More Definitions of Private nuisance

Private nuisance means a nuisance in fact that does not affect the health, safety, or welfare of the general public.
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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
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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.

  • odour nuisance means a continuous or repeated odour, smell or aroma, in an affected area, which is offensive, obnoxious, troublesome, annoying, unpleasant or disagreeable to a person:

  • noise nuisance means an unwanted sound, in an affected area, which is annoying, troublesome, or disagreeable to a person:

  • 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 Restrictions means (as they may exist from time to time) any and all covenants, conditions and restrictions, private agreements, easements, and any other recorded documents or instruments affecting the use of the Property, the Building, the Leased Premises, or the Outside Areas.

  • Private road or driveway means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.

  • Noxious weed means a weed defined in 7-22-2101.

  • Dangerous dog means a dog that:

  • Private Improvements means the improvements to be constructed on the Property that are not Public Improvements.

  • Private Key means the key of a key pair used to create a digital signature;

  • Private Roads means Lateral Access Roads and the Company's access roads within a Railway Corridor;

  • Noxious weeds means weeds that are difficult to control effectively, such as Johnson Grass, Kudzu, and multiflora rose.

  • Dangerous Substance means any radioactive emissions and any natural or artificial substance (whether in solid or liquid form or in the form of a gas or vapour and whether alone or in combination with any other substance) which, taking into account the concentrations and quantities present and the manner in which it is being used or handled, it is reasonably foreseeable will cause harm to man or any other living organism or damage to the Environment including any controlled, special, hazardous, toxic, radioactive or dangerous waste.

  • Private Open Space means land that is privately owned and used for practising of sport, play- or leisure facilities or used as a botanical garden, cemetery or nature area.

  • Public garage means a building or other place where vehicles or vessels are kept and stored and where a charge is made for the storage and keeping of vehicles and vessels.

  • private land means any land that has been or may hereafter be alienated from the Crown for any estate of freehold, or is or may hereafter be the subject of any conditional purchase agreement, or of any lease or concession with or without a right of acquiring the fee simple thereof (not being a pastoral lease within the meaning of the Land Administration Act 1997 or a lease or concession otherwise granted by or on behalf of the Crown for grazing purposes only or for timber purposes or a lease of Crown land for the use and benefit of the Aboriginal inhabitants) but —

  • Imminent health hazard means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on the number of potential injuries and the nature, severity, and duration of the anticipated injury or illness.

  • Private sewage disposal system means a system which provides for the treatment or disposal of domestic sewage from four or fewer dwelling units or the equivalent of less than sixteen individuals on a continuing basis.

  • Controlled dangerous substance means a drug, substance, or

  • private dwelling means any part of a structure that is occupied as a residence, or any part of a structure or outdoor living area that is accessory to, and used wholly for the purposes of, a residence;

  • Imminent safety hazard means an imminent and unreasonable risk of death or severe personal injury.

  • Hazardous substance UST system means an UST system that contains a hazardous substance defined in section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (but not including any substance regulated as a hazardous waste under subtitle C) or any mixture of such substances and petroleum, and which is not a petroleum UST system.

  • Extremely Hazardous Substance has the meaning set forth in Section 302 of the Emergency Planning and Community Right-to-Know Act of 1986, as amended.

  • Private use means any use of the Trading Platform by Clients that are physical persons;

  • 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;

  • explosive actuated fastening device means a tool that is activated by an explosive charge and that is used for driving bolts, nails and similar objects for the purpose of providing fixing;