Understanding Private Nuisance Elements in Property Law
Private nuisance protects landowners and occupiers against unlawful interferences with the use or enjoyment of their property. Noise, smoke, odours, vibrations, and encroaching roots may all give rise to a claim in appropriate circumstances. Establishing the private nuisance elements requires more than proving inconvenience. Courts assess the claimant’s interest in land, the substantial and unreasonable…