Litigating Private Nuisance Claims: Plaintiff and Defense Strategies

This CLE webinar will examine litigating private nuisance claims from plaintiff and defense perspectives. The panel will address the challenges in proving claim elements, particularly that an action rises to the necessary level of substantial and unreasonable to constitute a nuisance. The panel will also offer defenses against private nuisance claims, discuss potential remedies, and offer best practices for litigation strategies.

Property owners have a right to the enjoyment and use of their land. When a physical condition or activity caused by a private individual or business entity interferes with that property right, the affected party may have a private nuisance claim under statutory or common law, depending on the jurisdiction.

While private nuisance claim elements may vary to some degree by jurisdiction, generally, a plaintiff must prove: (1) they own the land or have the right to possess the property; (2) the defendant's actions interfere with the plaintiff's enjoyment and use of their property; and (3) the interference is substantial and unreasonable.

Even though a particular action may be undesirable or annoying to a neighboring property owner, proving that the action rises to the level of substantial and unreasonable is often the greatest challenge in litigating a private nuisance action. Therefore, plaintiff's counsel should understand what courts consider when determining whether an action rises to the requisite level. And defense counsel should be aware of strategies to help their clients avoid liability for private nuisance claims.

Listen as our expert panel provides a comprehensive overview of litigating private nuisance claims from plaintiff and defense perspectives. The panel will address the elements of the claim and potential challenges in proving these elements. The panel will also offer defenses against private nuisance claims, discuss potential remedies, and offer best practices for litigation strategies.