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NUISANCE

A nuisance occurs when a party’s action significantly affects, interferes or otherwise negatively impacts another’s ability to use and enjoy their own property and which may affect health, safety and welfare.

A private nuisance occurs when the violation of rights affects an individual, such as that party’s right to the use and quiet enjoyment of his or her property. When a nuisance is said to affect more than one person, it is called a public nuisance – such as dumping toxic chemicals into a stream which runs through dozens of other properties.

Black’s Law Dictionary, 2nd Edition

Anything that unlawfully worketh hurt, inconvenience, or damage. That class of wrongs that arise from the unreasonable, unwarrantable, or unlawful use by a person of his own property, either real or personal, or from his own improper, indecent, or unlawful personal conduct, working an obstruction of or injury to the right of another or of the public, and producing such material annoyance, inconvenience, discomfort, or hurt that the law will presume a consequent damage. Wood, Nuis.

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