nuisance
nui·sance /'nüs-əns, 'nyüs-/ n [Anglo-French nusaunce, from Old French nuire to harm, from Latin nocēre]: something (as an act, object, or practice) that invades or interferes with another's rights or interests (as the use or enjoyment of property) by being offensive, annoying, dangerous, obstructive, or unhealthful
at·trac·tive nuisance
1: a thing or condition on one's property that poses a risk to children who may be attracted to it without realizing the risk by virtue of their youth
2: a doctrine or theory employed in most jurisdictions: a possessor of property may be liable for injury caused to a trespassing or invited child by a condition on the property if he or she failed to use ordinary care in preventing such injury (as by fencing in a pool) and had reason to foresee entry by the child and if the utility of the condition was minor compared to the likelihood of injury
declined to extend the doctrine of attractive nuisance...to moving trainsHoneycutt v. City of Wichita, 796 P.2d 549 (1990)
◇ The doctrine of attractive nuisance originated in an 1873 U.S. Supreme Court case Sioux City & Pacific Railroad Co. v. Stout, 84 U.S. 657 (1873), involving a trespassing child injured by a railroad turntable; an early premise was that the attractive nuisance caused the trespass, and so by extension the owner was responsible for the trespass as well. Subsequent modification of the doctrine has focused on the possessor's duty to use care in preventing injury, whether a child is a trespasser or invitee.
common nuisance: public nuisance in this entry
nuisance at law: nuisance per se in this entry
nuisance in fact: an act, occupation, or structure that is considered a nuisance in relation to its circumstances or surroundings
a lawful business may be a nuisance in fact in a particular location – called also nuisance per accidens; compare nuisance per se in this entry
nuisance per se: an act, occupation, or structure that is considered a nuisance regardless of its circumstances or surroundings
a house of prostitution is a nuisance per se – called also nuisance at law; compare nuisance in fact in this entry
private nuisance: something (as an activity) that constitutes an unreasonable interference in the right to the use and enjoyment of one's property and that may be a cause of action in civil litigation
public nuisance: something that unreasonably interferes with the health, safety, comfort, morals, or convenience of the community and that is treated as a criminal violation
declared that the landfill was a present and prospective public nuisance and ordered...operations to ceaseSCA Servs. v. Transportation Ins. Co., 646 N.E.2d 394 (1995) – called also common nuisance;

Merriam-Webster’s Dictionary of Law. . 1996.

nuisance
I noun affliction, aggravation, annoyance, anxiety, bedevilment, bother, burden, cause of distress, devilment, difficult situation, difficulty, discomfort, displeasure, disturbance, grievance, handicap, harassment, hardship, hindrance, imposition, inconvenience, infliction, infringement, injurious interference, interference, intrusion, irritation, molestation, obstacle, ordeal, pain, pest, pestilence, plague, problem, scourge, trial, trouble, unlawful obstruction, unwarrantable intrusion, vexation, worry associated concepts: abatement of a nuisance, attractive nuisance, common nuisance, continuing nuisance, nuisance at law, nuisance in fact, nuisance per se, public nuisance foreign phrases:
- Aedificare in tuo proprio solo non licet quod alteri noceat. — It is not lawful to build upon one's own land what may injure another
II index aggravation (annoyance), disadvantage, mischief, molestation

Burton's Legal Thesaurus. . 2006


nuisance
A civil action for private nuisance may be open to a person whose enjoyment of land is disturbed or who suffers discomfort as an occupier. It is a tort (civil wrong) and the plaintiff may claim compensation from the defendant causing the nuisance.

Easyform Glossary of Law Terms. — UK law terms.


nuisance
n.
A person, thing, or activity that causes inconvenience or annoyance; anything that prevents a person from freely enjoying the use of his or her own property, endangers his or her health, or offends. See also abate

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


nuisance
the tort or delict of wrongful interference in another's use of the defendant's land, usually by the plaintiff's use of his land. It also protects the interests of the individual, even temporarily, in the neighbourhood of the property in his life and health (although this is less clear in Scotland).
It is largely a matter of fact and degree, depending upon the circumstances of the case, whether or not a nuisance has been or is being committed: 'Things which are forbidden in a crowded urban community may be permitted in the country. What is prohibited in an enclosed land may be tolerated in the open': Inglis v . Shotts Iron Co. (1881) 8 R 802 at 810. Injunction or interdict in Scotland will be granted to prevent a nuisance being continued or repeated and damages will be granted in respect of loss caused by it. Here the laws of England and Scotland diverge.
The law of England distinguishes between public and private nuisance. A public nuisance is one that affects a particular class or group of citizens. The conduct must be such as materially affects the com-plainer. No one can complain of a public nuisance if he is not himself able to allege and prove some special or particular damage. Thus, a hole in the road would not be actionable under this head but it would become so if someone fell into it and broke a leg. Private nuisance, in its pure form, happens when someone interferes with another's use or enjoyment of land. This is a simple matter of balance, depending on the locality. In modern times, planning legislation has had a tremendous impact on such cases, preventing as it does certain excesses. In English law, nuisance provides the remedy for infringement of a land law servitude. A plaintiff must own or have an interest in the land in question, thus depriving the visitor of a right in private nuisance for personal injury. Generally, in England, it is thought that the standard of care is strict. However, it may well be the case that different considerations apply where the remedy is for injunction as opposed to when it is for damages. When restraining conduct, the court is more likely to take the view that if a plaintiff is suffering more than it is reasonable that he should suffer, that he be entitled to injunction. When seeking damages the courts may want to look for some blameworthy conduct, but the English law has not made this distinction firm, and it is probably still the case that liability is strict. The significance of this is that a plaintiff in England is better served by trying to make out a claim in nuisance instead of negligence, assuming the conduct is of a kind that constitutes a nuisance. In particular, the harm must usually be a continuing one.
In Scotland there is no distinction between public and private nuisance. The case RHM Bakeries v . SRC 1985 SLT 214 has confirmed that in Scotland there can be no liability without fault, or, to put it in its positive and Latin form, there is liability only for culpa. In that case, however, it was accepted that in most cases that we could call nuisance there will be an almost irresistible inference of fault. Scots law remains very similar to the English law where the remedy sought is interdict (the Scots equivalent of injunction). The courts will restrain any use of land that results in unreasonable inconvenience to another, going as far as to contemplate stopping the erection of the grandstand needed for the Edinburgh Military Tattoo at the instance of a young woman who found the noise more than reasonably tolerable: Webster v. L. Adv. 1984 SLT 13; 1985 SLT 361.
The Latin maxim encountered in this area does not assist in deciding cases but offers a rhetorical focus for the evaluation of the various factors: thus, sic utere tuum ut alienum non laedas ('use your own property in such a way that it does not harm another') raises questions about use and harm.

Collins dictionary of law. . 2001.


nuisance
Something that interferes with the use of property by being irritating, offensive, obstructive, or dangerous. Nuisances include a wide range of conditions, everything from a chemical plant's noxious odors to a neighbor's dog barking. The former would be a public nuisance, one affecting many people, while the other would be a private nuisance, limited to making your life difficult. Lawsuits may be brought to abate (remove or reduce) a nuisance. (See also: quiet enjoyment, attractive nuisance)
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

nuisance
There two types of nuisance:
• A public nuisance arises from an act that endangers the life, health, property, morals or comfort of the public or obstructs the public in the exercise or enjoyment of rights common to all. A public nuisance is actionable in tort and can also be a criminal offence.
• A private nuisance usually is caused by a person doing something on his own land, which he is lawfully entitled to do but which becomes a nuisance when the consequences of his act extend to the land of his neighbour by, for example, causing physical damage. A private nuisance is actionable in tort.
Related links

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.


nuisance
n. An ongoing act or a condition that interferes with another's use or inhabitation of real property.
@ abatable nuisance
A nuisance that may easily be repaired or avoided.
@ attractive nuisance
A potentially dangerous element or entity on real property that may attract people, especially children, to use it to their own harm; for example, a swimming pool.
@
@ mixed nuisance
A nuisance that affects both public and private interests.
@ nuisance per se
A nuisance that is very dangerous, or in some other way beyond conventional bounds of acceptability and risk, one that has certainty.
@ private nuisance
A nuisance that affects private ownership interests.
=>> nuisance.
@ public nuisance
A nuisance that interferes with public interests, including those in health, safety, and transportation.
=>> nuisance.
@

Webster's New World Law Dictionary. . 2000.


nuisance
A legal action to redress harm arising from the use of one's property.

Dictionary from West's Encyclopedia of American Law. 2005.


nuisance
A legal action to redress harm arising from the use of one's property.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

nuisance
n.
   the unreasonable, unwarranted and/or unlawful use of property, which causes inconvenience or damage to others, either to individuals and/or to the general public. Nuisances can include noxious smells, noise, burning, misdirection of water onto other property, illegal gambling, unauthorized collections of rusting autos, indecent signs and pictures on businesses and a host of bothersome activities. Where illegal they can be abated (changed, repaired or improved) by criminal or quasi-criminal charges. If a nuisance interferes with another person's quiet or peaceful or pleasant use of his/her property, it may be the basis for a lawsuit for damages and/or an injunction ordering the person or entity causing the nuisance to desist (stop) or limit the activity (such as closing down an activity in the evening).
   See also: public nuisance

Law dictionary. . 2013.

Synonyms:

Look at other dictionaries:

  • nuisance — is that activity which arises from unreasonable, unwarranted or unlawful use by a person of his own property, working obstruction or injury to right of another, or to the public, and producing such material annoyance, inconvenience and discomfort …   Black's law dictionary

  • nuisance — is that activity which arises from unreasonable, unwarranted or unlawful use by a person of his own property, working obstruction or injury to right of another, or to the public, and producing such material annoyance, inconvenience and discomfort …   Black's law dictionary

  • nuisance — [ nɥizɑ̃s ] n. f. • 1120, repris v. 1960, par l angl. nuisance; de nuire I ♦ Vx ou région. Caractère de ce qui est nuisible; chose nuisible. II ♦ (1936 nuisance industrielle) Ensemble de facteurs d origine technique (bruits, dégradations,… …   Encyclopédie Universelle

  • nuisance — nui‧sance [ˈnjuːsns ǁ ˈnuː ] noun [countable, uncountable] LAW someone or something that causes public annoyance: • After a local jury found the noise was a nuisance, a judge ruled that the bell can no longer ring at night. • movement of… …   Financial and business terms

  • nuisance — Nuisance, f. penac. Incommodum, Noxa. Avec nuisance, Nocenter. Sans nuisance, Innocenter …   Thresor de la langue françoyse

  • Nuisance — Nui sance, n. [OE. noisance, OF. noisance, nuisance, fr. L. nocentia guilt, fr. nocere to hurt, harm; akin to necare to kill. Cf {Necromancy}, {Nocent}, {Noxious}, {Pernicious}.] That which annoys or gives trouble and vexation; that which is… …   The Collaborative International Dictionary of English

  • nuisance — (n.) c.1400, injury, hurt, harm, from Anglo Fr. nusaunce, O.Fr. nuisance harm, wrong, damage, from pp. stem of nuire to harm, from L. nocere to hurt (see NOXIOUS (Cf. noxious)). Sense has softened over time, to anything obnoxious to a community… …   Etymology dictionary

  • Nuisance — (engl., spr. njūßens), Beeinträchtigung, etwas die Nachbarschaft oder die Allgemeinheit Belästigendes …   Meyers Großes Konversations-Lexikon

  • nuisance — [n] annoyance; annoying person besetment, blister, bore, bother, botheration, botherment, bum*, creep, drag*, drip*, exasperation, frump, gadfly, headache*, inconvenience, infliction, insect*, irritant, irritation, louse, nag*, nudge*, offense,… …   New thesaurus

  • nuisance — ► NOUN ▪ a person or thing causing inconvenience or annoyance. ORIGIN Old French, hurt , from Latin nocere to harm …   English terms dictionary

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