Torts
Nuisance
Definition
Nuisance is a substantial and unreasonable interference with the plaintiff's use and enjoyment of their property (private nuisance) or with a right held in common by the general public (public nuisance). Unlike trespass, nuisance does not require a physical invasion — noise, odors, pollution, and vibrations can all constitute nuisances. Courts balance the severity of the interference against the utility of the defendant's conduct to determine reasonableness.
Example
A factory emits noxious fumes that make it difficult for neighboring residents to enjoy their yards. This ongoing interference may constitute a private nuisance.