Overview of Nuisance Law
Private vs. Public Nuisance
In general, a nuisance is defined as a “condition, activity, or situation (such as a loud noise or foul odor) that interferes with the use or enjoyment of property….” The interference created must be unreasonable and substantial to qualify as a nuisance. When this interference affects the use and enjoyment of a single or small group of properties it is considered a private nuisance.
A tree from one property that has fallen across the entrance of the neighboring driveway is an example of a private nuisance. However, when an activity unreasonably interferes “with a right common to the general public,” it is considered a public nuisance. For example, if the tree from the earlier scenario had fallen and blocked access to a public road it would be a public nuisance. At times, conduct may be both a private and a public nuisance if it causes both a particular harm to a specific property and a more generalized harm to the greater community