What defines a private nuisance?

A private nuisance is defined by its substantial and unreasonable interference with a person's enjoyment and use of their property. To qualify as a private nuisance, the interference must not just be trivial; it must cause significant discomfort or harm to an individual's land or property rights. This means that the conduct causing the nuisance has to be excessive or out of the ordinary to a degree that a reasonable person would find it unacceptable.

The focus on both "substantial" and "unreasonable" highlights that not every annoyance amounts to a nuisance—only those that significantly disrupt a neighbor's ability to enjoy their property fall under this definition. This emphasizes the balance between individual rights and community standards, recognizing that while people may have different tolerances for noise, light, or other disturbances, there reaches a point where the impact becomes legally actionable.

In contrast, a requirement that it must affect the public would relate more to a public nuisance, which involves broader community impact rather than just one individual's property. A nuisance being present at all times is not a necessary condition; rather, it must be substantial and unreasonable to count as a private nuisance. Finally, while legal property is generally an assumed context in nuisance law, the concept is centered on the level of interference experienced rather than the legal status of