133 Definition

"133 under this definition involve noxious odors, smoke, blasting, flooding, or excessive light invading the plaintiff’s right to the use of enjoyment of his property. See Prosser, Law of Torts , sec. 89, 591-92 (4th ed. 1971). 15 See Williams, Solar Access and Property Rights: A Maverick Analysis , 11 Conn. L. Rev. at 441 (there are significant practical differences between dust and noise, on the one hand, and solar access blockage on the other). Clearly, an owner who merely builds his home in compliance with all building code and municipal regulations is not “invading” another’s right to the use and enjoyment of his property. To say so is to acknowledge that all construction may be an “invasion” because all construction has some restrictive impact on adjacent land. A “view,” for example, is modified by any construction simply because it is there. In order for a nuisance to be actionable in the instant case, the defendant’s conduct must be “intentional and unreasonabl e.” It is impossible for me to accept the majority’s conclusion that Mr. Maretti, in lawfully seeking to construct his home, may be intentionally and unreasonably interfering with the plaintiff’s access to sunlight. In addressing the “unreasonableness” com ponent of the actor’s conduct, it is important to note that “[t]here is liability for a nuisance only to those to whom it causes significant harm, of a kind that would be suffered by a normal person in the community or by property in normal condition and u sed for a normal purpose.” Restatement (Second) of Torts sec. 821F (1979). The comments to the Restatement further reveal that “[if] normal persons in that locality would not be substantially annoyed or disturbed by the situation, then the invasion is not a significant one, 15 Dean Prosser also includes disturbances with peace of mind occasioned by “bawdy houses,” stored explosives, or fire hazards within the purview of the definition of nuisance. I submit th ese indicia of nuisance relate to a defendant’s unreasonable or unlawful use of his property."