What does private nuisance refer to?

Private nuisance refers specifically to the situation where a person’s enjoyment of their land is interfered with by another party in an unreasonable manner. It is a civil wrong that balances the interests of landowners against their responsibilities to others.

Key elements of private nuisance typically include the nature of the interference — which can be through noise, smell, or any other factor that disrupts the use and enjoyment of property — and the assessment of whether that interference is deemed unreasonable in light of the circumstances. This can involve considering factors such as the intensity and duration of the interference, the locality in which it occurs, and the sensitivity of the particular claimant.

In contrast, disturbances affecting public health generally fall under public nuisance, addressing broader community impacts. Legal actions against government entities may involve different legal principles under administrative or constitutional law, rather than tort law, which governs private nuisance.