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Definition of Nuisance

A nuisance is an unreasonable, unwarranted, or unlawful use of one's property which interferes with the enjoyment or the use of another person's property. A nuisance is a civil wrong and does not require an invasion to the land or trespass. Examples of nuisance include foul odors, noxious gases, smoke, dust, loud noises, excessive light, or high temperatures.

Private nuisance is nuisance which interferes with a private land owner's rights to enjoy their property or expect a certain level of comfort. A private land owner can bring action against another person for private nuisance if they can prove the offender interfered with their ability to enjoy their land, although the interference must be substantial and unreasonable.

If a plaintiff wishes to win a civil case or file a tort based on a nuisance they will have to prove the interference was continuous over time and would have constituted a nuisance for a "reasonable person" which will depend on the individual circumstances. Relief for a nuisance is generally an injunctive relief which will require the defendant to start or stop doing a specific action. The plaintiff can ask for both a temporary restraining order until the ruling and if the defendant does not follow the order they may be forced to pay fines or be sent to jail.

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