Private Nuisance as a Cause of Action in New York

In New York, a private nuisance claim is a way for property owners or occupants to seek relief when someone else’s actions interfere with their ability to enjoy their property. This type of lawsuit does not require physical trespass. Instead, it focuses on how one party’s conduct negatively affects another’s property rights. Courts evaluate five specific elements to determine whether a private nuisance has occurred.

Substantial Interference

The interference must be more than a minor inconvenience. It has to be significant enough to seriously affect how the property is used or enjoyed. For example, constant loud noise, strong odors, or vibrations might qualify if they disrupt daily life. Temporary annoyances or inconveniences that a reasonable person would tolerate typically do not meet the threshold.

Intentional Origin

The conduct causing the nuisance must be intentional, meaning the person knew, or should have known, that their actions would interfere with someone else’s property rights. The standard does not require the person to act with malice. It is enough that they knowingly created or continued the condition despite its effects on others.

Unreasonable Character

The interference must also be unreasonable. Courts assess this by weighing the harm caused against the usefulness or social value of the activity. For instance, running a business in a residential area may be lawful, but if it causes round-the-clock noise or pollution, the activity may still be considered unreasonable.

Interference with Use and Enjoyment of Land

A private nuisance specifically impacts the plaintiff’s ability to use and enjoy their land. This includes comfort, convenience, and general peace. The harm must affect how the property functions as a home, workplace, or other lawful use—not just personal feelings of annoyance.

Caused by Another’s Conduct

Finally, the interference must be a direct result of the defendant’s actions or failure to act. This means the defendant either created the nuisance or allowed it to happen when they had the ability to prevent it. If the source of the nuisance is unrelated to the defendant, there is no basis for the claim.

Conclusion

Private nuisance law in New York protects individuals from significant and unreasonable disturbances that interfere with their use of land. Plaintiffs must show that the interference was substantial, intentional, and unreasonable, and that it directly affected their property rights due to the defendant’s conduct. When all five elements are satisfied, courts may award damages or issue orders to stop the nuisance from continuing.

Find the Law

“The elements of a private nuisance cause of action are: “(1) an interference substantial in nature, (2) intentional in origin, (3) unreasonable in character, (4) with a person’s property right to use and enjoy land, (5) caused by another’s conduct in acting or failure to act” (Copart Indus. v. Consolidated Edison Co. of N.Y.,41 N.Y.2d 564, 570, 394 N.Y.S.2d 169, 362 N.E.2d 968, citing Restatement [Second] of Torts § 822 [hereinafter the Second Restatement]; see Massaro v. Jaina Network Sys., Inc.,106 A.D.3d 701, 703, 964 N.Y.S.2d 588).” Taggart v. Costabile, 14 N.Y.S.3d 388, 391 (N.Y. App. Div. 2015).