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3.9-22  Private Nuisance - Injury to Property

Revised to January 1, 2008

To recover damages for private nuisance, a plaintiff must prove that the defendant's conduct proximately caused an unreasonable interference with the plaintiff's use and enjoyment of (his/her) property.  The interference may be either intentional or as a result of the defendant's negligence.  <Insert definition of negligence; if not already given.>

In determining whether the interference is unreasonable, you must balance the interests of both parties, including the following factors:  1) the nature, extent and duration of the interfering use; 2) the nature of the use and enjoyment invaded; 3) the suitability for the locality of both the interfering conduct and the particular use and enjoyment invaded; 4) whether the defendant is taking all feasible precautions to avoid any unnecessary interference with the plaintiff's use and enjoyment of (his/her) property; and 5) any other factors that are relevant to the question of whether the interference is unreasonable.

No one factor should dominate this balancing of interests; all relevant factors must be considered in determining whether the interference is unreasonable.  The determination of whether the interference is unreasonable should be made in light of the fact that some level of interference is inherent in modern society.  There are few, if any, places remaining where an individual may rest assured that he will be able to use and enjoy (his/her) property free from all interference.  Accordingly, the interference must be substantial to be unreasonable.  Ultimately, the question of reasonableness is whether the interference is beyond that which the plaintiff should bear, under all of these  circumstances, without being compensated.

<Insert instruction on legal causation.  See Legal Cause, Instruction 3.1-1.>

Authority

Pestey v. Cushman, 259 Conn. 345, 361-62 (2002); 4 Restatement (Second), Torts § 822 (1979).
 


 

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