Discussion Question

How do you feel about a nuisance action as a method of enforcing ones property rights? How should the court balance the rights of one landowner versus those of another? Should there be public laws broadly targeting nuisance, such as criminal actions for general nuisance? Why or why not?

Practice Question

Evelyn buys a home in a small neighborhood. Since moving in, her neighbor Derek has been extremely rude to her. Specifically, Derek sent her an email asking that she avoid allowing her home to become a gaudy, eye sore in the neighborhood. Evelyn, ever the feisty one, is very angry about the email. She decides to paint a largely smiley face sticking out its tongue on the side of her house facing Derek's house. Derek is outraged by Evelyn's actions. What are Derek's options in this situation?

• Nuisance is a substantial interference with the right to use and enjoy land, which may be intentional, negligent or ultra-hazardous in origin and must be a result of the defendants activity. Nuisances can include noxious smells, noise, burning, indecent signs and pictures on businesses and many other activities. If a nuisance interferes with another persons quiet or peaceful or pleasant use of his/her property, it may be the basis for a lawsuit for damages and/or an injunction ordering the person or entity causing the nuisance to stop or limit the activity. Abatement of a nuisance may involve elimination of a nuisance by removal, repair, rehabilitation or demolition. In the practice question, Derek can apply for an injunction to have Evelyn take the indecent painting down. It will be up to the court to determine whether there is a significant interference with Derek's use and enjoyment of his property caused by Evelyn's painting.