Private Nuisance Law
Private nuisance laws were created to ensure a landowner's or tenant's right to quiet enjoyment of their land. A private nuisance lawsuit can be brought when there is a bothersome activity occurring on another person's land that interferes with your interest in the use or enjoyment of your land. A private nuisance can, but does not always and does not have to, involve physical trespass of one's property. A private nuisance can exist even if the other person is using their property lawfully.
Private nuisance examples include but are not limited to:
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Unpleasant Odors such as hog confinements or landfills
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Vibrations
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Dust
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Excessive Noise
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Intrusive Light
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Water Pollution from chemicals, animal feces or industrial bi-products
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Air Pollution such as smoke, gases or noxious fumes
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Underground or Overhead obstructions from fences, wires, neighbor's trees or tree roots
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Interference with television signal reception
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Unsightly views
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Property contamination or crop destruction by improper use of herbicides, pesticides, and other harmful chemicals.
To be a nuisance, the level of interference must be more than merely objectionable. For example, if your neighbor adds something to their house that you believe is not aesthetically pleasing, it may offend you, but it may not necessarily constitute a claim of private nuisance.
Some things to think about when considering are private nuisance lawsuit are:
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Is the nuisance continuous and not a single or isolated incident?
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Is the nuisance unreasonable?
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Is the nuisance intentional? Did the defendant know that conduct would cause harm or have they acted with purpose of causing harm?
Attorney Harley Erbe has represented numerous clients in private nuisance actions, from destruction of vegetation by pesticide overspray to noise caused by nighttime truck operations at an adjacent warehouse. The above information is very basic information on the law of private nuisance. Additional information about private nuisance law is available at the Erbe Law Firm Blog. If you believe your rights are being infringed upon, please contact Erbe Law Firm today for legal advice.