CJI-Civ. 18:5

For the plaintiff, (name), to recover from the defendant, (name), on the claim of

private nuisance, you must find that the following have been proved by a preponderance of

the evidence:

1. The plaintiff is (the owner) (in lawful possession of) (describe the real property);

2. The defendant, by (describe the alleged activity), (negligently) (intentionally)

interfered or is interfering with the plaintiff’s use and enjoyment of plaintiff’s (describe the

real property); and

3. The defendant’s interference with plaintiff’s use and enjoyment of (describe the

real property) (is) (was) unreasonable and substantial, such that it would offend or cause

inconvenience or annoyance to a person of ordinary temperament and sensibility in the

community.

If you find that any one or more of these statements has not been proved, then your

verdict must be for the defendant.

On the other hand, if you find that all of these statements have been proved, (then

your verdict must be for the plaintiff) (then you must consider the defendant’s affirmative

defense(s) of [insert any affirmative defense that would be a complete defense to plaintiff’s

claim]).

If you find that (this affirmative defense has) (any one or more of these affirmative

defenses have) been proved by a preponderance of the evidence, then your verdict must be

for the defendant.

However, if you find that (this affirmative defense has not) (none of these

affirmative defenses have) been proved, then your verdict must be for the plaintiff.