Private nuisance definition

Private nuisance means a nontrespassory invasion of another’s interest in the private use and enjoyment of land, and the invasion is either: (1) Intentional and unreasonable, or (2) Unintentional and otherwise actionable under the rules controlling liability for negligent or reckless conduct, or for abnormally dangerous conditions or activities.
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Private nuisance means every nuisance which is not included in the definition of a public nuisance.
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Private nuisance means a nuisance in fact that does not affect the health, safety, or welfare of the general public.
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Examples of Private nuisance in a sentence

  • An activity constitutes a private nuisance if it is a substantial and unreasonable invasion of another’s interest in the private use and enjoyment of land, without involving trespass.3 Private nuisance actions are brought by the aggrieved landowner.

  • Private nuisance is based on property holdings, as opposed to public nuisance.

  • Private nuisance involves an act or omission which is an interference with, disturbance of, or annoyance to a person in the exercise or enjoyment of his or her ownership or occupation of land or some easement, profit or right in connection with the land.26Circumstances where a private nuisance might be caused include the undertaking of works to mitigate the effects of climate change.

  • Private nuisance has therefore been adequately pleaded as to these defendants.

  • Private nuisance may be well-suited to environmental class actions.91 In a recent Ontario trial of the common issues in an environmental class action, the Ontario Superior Court of Justice ruled that plaintiffs had a cause of action in private nuisance aris- ing from the defendant’s contamination of the soil on the plain- tiffs’ property.92 A similar action could be brought in respect of climate change.

  • Second: Private nuisance, with rights (e.g., lease, ownership, other) to property within their jurisdictions.

  • Private nuisance is a tort (civil wrong) under the UK common law system.

  • Came in to discuss the hospital is preparing to sell the property the old hospital was on and needs to release the property as collateral from the bonds.

  • First cause of action – nuisance Private nuisance [25] The second amended statement of claim pleaded certain actions as constituting a nuisance.

  • Nova Scotia Forest Industries 1983– Want injunction to stop SCFI from spraying herbicide.– Fear of harm spray would cause to water and health (a farmer and an indian).– Private nuisance: Requires substantial interference with a person's enjoyment of property.


More Definitions of Private nuisance

Private nuisance means a nontrespassory invasion of another's interest in the private use and enjoyment of land, and the invasion is either: (1) intentional and unreasonable, or
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Private nuisance means every nuisance not included in paragraph 3 of this section; and
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Related to Private nuisance

  • Public nuisance means a building that is a menace to the public health, welfare, or safety, or that is structurally unsafe, unsanitary, or not provided with adequate safe egress, or that constitutes a fire hazard, or is otherwise dangerous to human life, or that in relation to the existing use constitutes a hazard to the public health, welfare, or safety by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment. “Public nuisance” includes buildings with blighting characteristics as defined by Iowa Code section 403.2.

  • odour nuisance means a continuous or repeated odour, smell or aroma, in an affected area, which is offensive, obnoxious, troublesome, annoying, unpleasant or disagreeable to a person:

  • noise nuisance means an unwanted sound, in an affected area, which is annoying, troublesome, or disagreeable to a person:

  • Nuisance means any injury, harm, damage, inconvenience or annoyance to any person which is caused in any way whatsoever by the improper handling or management of waste, including but not limited to, the storage, placement, collection, transport or disposal of waste or by littering;

  • Private Restrictions means (as they may exist from time to time) any and all covenants, conditions and restrictions, private agreements, easements, and any other recorded documents or instruments affecting the use of the Property, the Building, the Leased Premises, or the Outside Areas.

  • Private road or driveway means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.

  • Noxious weed means a plant that when established is highly destructive, competitive, or difficult to control by cultural or chemical practices.

  • Dangerous dog means a dog that:

  • Private Improvements means the improvements to be constructed on the Property that are not Public Improvements.

  • Private Key means the key of a key pair used to create a digital signature;

  • Private Roads means Lateral Access Roads and the Company's access roads within a Railway Corridor;

  • Noxious weeds means weeds that are difficult to control effectively, such as Johnson Grass, Kudzu, and multiflora rose.

  • Dangerous Substance means any radioactive emissions and any natural or artificial substance (whether in solid or liquid form or in the form of a gas or vapour and whether alone or in combination with any other substance) which, taking into account the concentrations and quantities present and the manner in which it is being used or handled, it is reasonably foreseeable will cause harm to man or any other living organism or damage to the Environment including any controlled, special, hazardous, toxic, radioactive or dangerous waste.

  • Private Open Space means land that is privately owned and used for practising of sport, play- or leisure facilities or used as a botanical garden, cemetery or nature area.

  • Public garage means a building or other place where vehicles or vessels are kept and stored and where a charge is made for the storage and keeping of vehicles and vessels.

  • private land means any land that has been or may hereafter be alienated from the Crown for any estate of freehold, or is or may hereafter be the subject of any conditional purchase agreement, or of any lease or concession with or without a right of acquiring the fee simple thereof (not being a pastoral lease within the meaning of the Land Administration Act 1997 or a lease or concession otherwise granted by or on behalf of the Crown for grazing purposes only or for timber purposes or a lease of Crown land for the use and benefit of the Aboriginal inhabitants) but —

  • Imminent health hazard means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on the number of potential injuries and the nature, severity, and duration of the anticipated injury or illness.

  • Private Sewage Disposal System means a system which provides for the treatment or disposal of domestic sewage from four or fewer dwelling units or the equivalent of less than sixteen individuals on a continuing basis.

  • Controlled dangerous substance means a drug, substance, or

  • private dwelling means any part of a structure that is occupied as a residence, or any part of a structure or outdoor living area that is accessory to, and used wholly for the purposes of, a residence;

  • Imminent safety hazard means an imminent and unreasonable risk of death or severe personal injury.

  • Hazardous substance UST system means an UST system that contains a hazardous substance defined in section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (but not including any substance regulated as a hazardous waste under subtitle C) or any mixture of such substances and petroleum, and which is not a petroleum UST system.

  • Extremely Hazardous Substance has the meaning set forth in Section 302 of the Emergency Planning and Community Right-to-Know Act of 1986, as amended.

  • Private use means any use of the Trading Platform by Clients that are physical persons;

  • private road means a road (not being a public road) which is either constructed by the Joint Venturers in accordance with their proposals as approved by the Minister hereunder or agreed by the parties to be a private road for the purposes of this Agreement;

  • explosive actuated fastening device means a tool that is activated by an explosive charge and that is used for driving bolts, nails and similar objects for the purpose of providing fixing;