Nuisance The legal term nuisance is quite similar to its everyday meaning. Whenever one uses property or engages in conduct in such a way that it interferes with the legal rights of another resulting in annoyance, damage or inconvenience, one has committed an act of nuisance. For instance, a violation of a zoning law or private deed restriction can become a nuisance. Selling pornographic materials, conducting a commercial venture that results in traffic congestion or producing air pollution or noxious fumes in residential areas can all be considered a nuisance. Keeping a junkyard in a highly visible area is also an example. This type of activity usually does not happen just one time. These occurrences are ongoing, not a one-time incident. However, there are also courses of action that can be taken for a one-time incident such as a chemical explosion. Whenever a landowner or property owner files a nuisance suit, he or she may seek damages, or a monetary compensation, or some other type of action such as an injunctive relief in which the offending party must halt the activity causing the nuisance. There are also differences in public and private nuisances. As explained, a private nuisance interferes with private property rights, but a public nuisance interferes with rights held in common by the entire public. Public laws are intended to protect public health and safety; for example, a violation of pollution laws is subject to a public nuisance suit by both individuals and government entities affected by the pollution.
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