Torts: Nuisance


  • Nuisance questions on bar are easy to recognize. Involve incompatible land use. Adjacent owners who are getting on each other’s nerves.
  • Δ will be found to have committed a nuisance if its activities have been found to interfere with Π’s ability to use and enjoy Π’s land to an unreasonable degree.
  • To determine whether interference whether interference is unreasonable in degree, courts use a balancing test.
    • Π has entitlement to use his land in a way that suits his land. Π can’t be subject to misery. Conduct giving rise to nuisance can be negligent, SL, or good faith.
    • Δ has a right to use his land in a way that he or she sees fit.