What Is Nuisance?
The tort of nuisance involves the defendant causing a substantial and unreasonable interference with the use and enjoyment of the plaintiff’s property.
Requirement For a Successful Nuisance Claim:
The activity in question must be something that would affect an “ordinary person” with ordinary sensibilities, an ordinary schedule, and so forth.
Example: Because I am unusually sensitivity to noise, the noise that comes from a factory near my home causes me severe headaches. However, the noise does not affect the other residents living in the area. In this instance I would NOT have a valid nuisance claim. While the noise from the factory is causing a substantial interference with my use of my property, it is because I AM unusually sensitive to noise.
When determining whether there is a valid nuisance claim on an MBE question, make sure that a typical person in the community would also experience a substantial and unreasonable interference with the use and enjoyment of their property, not just necessarily the plaintiff specifically.
Additional Notes:
A) The fact pattern might tell you that the plaintiff moved in after the nuisance was already present (the defendant might argue that the plaintiff “came to the nuisance.”) This is generally not relevant and will NOT prevent the plaintiff from winning a nuisance action.
B) The fact pattern might tell you that the defendant’s actions or operations are in complete compliance with city zoning ordinances or other rules or laws. This is relevant, but it is not conclusive. It IS evidence in favor of the defendant, but it does NOT necessarily mean the plaintiff can’t still prevail.