private nuisance

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Words related to private nuisance

a nuisance that interferes with your interest in and private use and enjoyment of your land

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Private nuisance occurs when the defendant's conduct unduly interferes with the claimant's use or enjoyment of his land.
168) Private nuisance suffers from the same limitation, and public nuisance will not capture invasions of privacy targeted at a single person.
The courts in the Love Canal litigation blurred the distinction between public and private nuisance by borrowing "from public nuisance the liability expanding principle that a defendant can be held liable for creating a nuisance even if the defendant does not continue to own or possess the land or otherwise carry on or maintain the nuisance at the time of the litigation.
Plaintiffs asserted claims for public and private nuisance, trespass, negligence, unjust enrichment, fraudulent misrepresentation, and civil conspiracy.
137) On appeal, a panel of the Fifth Circuit initially found that plaintiffs have standing to assert their claims for public and private nuisance, trespass and negligence, but not for unjust enrichment, fraud and civil conspiracy.
This experience demonstrates that private nuisance abatement litigation is viable only in limited circumstances and for very strategic purposes.
Although the original remedy available to the successful plaintiff bringing a nuisance action was a criminal writ granting civil relief, the modern common law action of private nuisance developed from this historical understanding into the civil tort we recognize today.
191) As with public nuisances, private nuisances tend to involve
right-to-farm laws, which effectively preempt private nuisance lawsuits.
A person affected by a private nuisance, or a person who is especially affected by a public nuisance, may use self help and "abate" (stop) the nuisance--and then sue the malefactor for the costs of the abatement.
Moreover, unless nuisance is to swallow every harm, it's a stretch to call infringement even a private nuisance.
A key difference between the two types of nuisances is that for private nuisance, the plaintiff's land or property has been adversely affected.
43) While the Ninth Circuit did not discuss the possibility of a private nuisance action, thedistrict court pointed out that if there was a claim for private nuisance, it would belong to the Native corporations and landowners, not the individual Alaska Natives who comprised the class and who lacked a possessory interest in the land affected by the oil spill.
role that risk plays in both public and private nuisance doctrine.
E]ither a public or private nuisance may be enjoined because
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