Bifalgorithm post · Property · The complaint alleges that the residence has a solar
116 Nuisance
116 Nuisance (Property · The complaint alleges that the residence has a solar) — "116 nuisance set forth in the Restatement (Second) of Torts. The Restatement…
Ideas in this flowchart
- Private nuisance protects interests in the use and enjoyment of land.
- Private nuisance is a nontrespassory invasion of another’s interest in the private use and enjoyment of land.
- This definition appears in the Restatement (Second) of Torts § 821D (1977).
- The protected interest is broadly understood to include disturbances of property enjoyment.
- The interest includes the present use of land for residential, agricultural, commercial, industrial, and other purposes.
- The interest includes preserving the land’s present use value from impairment caused by physical changes.
- Examples include destroying trees on vacant land or destroying crops and flowers grown for present use.
- The interest includes the pleasure, comfort, and enjoyment normally derived from occupying land.
- Freedom from discomfort and annoyance can be as important as freedom from physical interruption or detrimental physical changes.
