Nuisance

A “nuisance” is more than a mere annoyance – a nuisance is a legal concept and occurs when someone interferes with the comfortable enjoyment of life or property of another. Property owners are entitled to enjoy and use their land as they please, and if another party interferes with that right, an action for nuisance may arise.

Public vs. Private Nuisance Claims

It is important to distinguish that there are two types of nuisance claims: public and private. A public nuisance is harm to the general public or some other large group of people. A private nuisance occurs when a specific individual or entity is harmed.

Under Indiana law, a nuisance is described as whatever is (1) injurious to health; (2) indecent; (3) offensive to the senses; or (4) an obstruction to the free use of property so as to essentially interfere with the comfortable enjoyment of life or property.

A common example of a public nuisance is someone blocking a public roadway whereas an example of a private nuisance is a neighbor constantly playing excessively loud music at night.

Elements of a Nuisance Claim

In order to bring a nuisance claim, the plaintiff must show that (1) the plaintiff has standing – the individual owns the land or otherwise has the legal right to possess the property; (2) the defendant’s conduct interfered with the plaintiff’s enjoyment and use of their property; and (3) that the interference was both substantial and unreasonable.

The court applies a reasonable person standard to evaluate a nuisance claim and will not find a nuisance if the plaintiff is overly sensitive to a particular smell or noise otherwise normal to others. The courts also utilize a balancing test in evaluating the “unreasonable” element. The test weighs the gravity of the harm caused to the plaintiff against the burden of preventing the harm.

Defenses to a Nuisance Claim

The defendant may assert defenses to their conduct. For example, a defendant may assert that their conduct is in compliance with local zoning laws. The defendant may also argue that the plaintiff “came to the nuisance” meaning that the defendant had been engaging in the conduct at issue prior to the plaintiff’s arrival, and the plaintiff knew they were “coming to” the problem.

Remedies

The two common remedies for a nuisance are monetary damages and injunctions. Monetary damages are award to make the plaintiff whole again. The court might order the defendant to pay costs of replacement of damaged property, differences in market value of the burdened property and its value if it was not burdened, or medical bills. However, an injunction may me more proper in some nuisance claims. An injunction is when the court orders a party to stop doing something or to start doing something. In nuisance cases, it is more likely that the court will order the defendant to stop the conduct that constitutes a nuisance. Injunctions are more appropriate when monetary damages will not be adequate and the ongoing conduct will only continue to accrue damages.

If you have any questions or want assistance with information relating to nuisance claims, please reach out to one of our attorneys at McNeelyLaw LLP by calling (317)825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.