“Common law nuisance” → To be actionable, the nuisance must substantially interfere with enjoyment of property; the interference must be unreasonable.
- “A private nuisance is a nontrespassory invasion of another’s interest in the private use and enjoyment of land.” Restatement (Second) of Torts, §821D.
- Elements of a common law nuisance:
- An individual’s property interest can be obtained through ownership or rights acquired by lease.
- The same action may constitute a nuisance and a trespass, but does need not also be a trespass.
- Nuisance may be premised upon conduct taking place off of land that has impact on land.
- The successful plaintiff may receive actual damages (harm to property and harm to enjoyment) and injunctive relief (stopping the offending conduct).
Case law relating to second-hand smoke and nuisance claimsBrief Case Summaries