Is your neighbor committing a nuisance? A nuisance is a use of property that causes injury to others. There are two general types of nuisances:

• A private nuisance is an unreasonable interference with the use and enjoyment of property of another, usually an adjoining landowner
• A public nuisance is one that may cause a broader, more general harm to the public. A classic example of a nuisance is conducting any ultra-hazardous activity such as the use of explosives or the handling of acutely toxic materials

Stopping a Nuisance

A nuisance may be stopped by a lawsuit. This is usually brought by a private property owner against an adjacent property owner. Another term for stopping a nuisance is "abate."

You may want to try to stop the nuisance yourself before you file a lawsuit. A letter or visit to the neighbor may be all it takes to fix the situation. Keep your tone friendly. You can have your attorney send a more forceful letter if the friendly method doesn't work.

A lawsuit to abate a public nuisance may be filed by the government. Nuisance actions may be brought under federal or state law.

Environmental Laws vs. Nuisance Actions

Nuisance actions were previously used to control or limit environmental hazards. Environmental laws have now been passed that specifically regulate activities amounting to a nuisance. Questions have come up on whether these environmental laws preclude nuisance lawsuits.

Nuisance lawsuits are generally considered a supplement to regulation and litigation under environmental laws. Nuisance lawsuits may be precluded in some situations. Congress sometimes intends the environmental statute to be the exclusive remedy for a particular offensive use or condition. A federal or state nuisance lawsuit is precluded in this circumstance.

Determining Unreasonable Use of Property

What kind of action constitutes a nuisance? Courts look at the core issue of whether use of the property is "unreasonable" under the circumstances. Courts also look at a variety of factors. One factor is the location of the property. For example, is it a rural area or an urban area?

Another factor is the character of the property and the surrounding property. For example, the maintenance of manure piles on a farm may be reasonable. This may be true even if a residential area is close by, especially if the farm existed before the houses.

Agricultural Uses of Property

Agricultural uses in particular have given rise to nuisance abatement lawsuits. This is because urban and suburban uses have increasingly encroached on agricultural areas. Almost every state has enacted some form of protection for agricultural uses against complaints of nuisance.

Existing agricultural uses are usually protected if they comply with applicable federal and state laws. They must use generally accepted agricultural and management practices. These laws protect the livelihood of farmers.

Defenses to a Nuisance Action

Has someone filed a nuisance action against you? There are certain defenses you can use to protect yourself. One defense is to claim that your activity doesn't violate any laws. You can also claim that your local zoning laws allow the alleged nuisance.

You have an advantage if an activity or condition has existed for a long time. You can claim that the neighbors have tolerated your activities. You can also allege that new neighbors knew about the nuisance before they moved in.

Questions for Your Attorney

• How do I know if a neighbor's actions constitute a nuisance?
• Do I have to stop an activity if one neighbor complains?
• Can I file a nuisance lawsuit against a neighbor even though he has been committing his offensive activities for a long time?

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