MUJI 2d CV1209

A private nuisance is any activity that substantially and unreasonably interferes with the use and enjoyment by another of that person's property, other than by entering upon it.

[Name of plaintiff] claims that [name of defendant] has interfered with [name of plaintiff]'s use and enjoyment of [name of plaintiff]'s property by [specify nature of alleged nuisance].

To establish [name of plaintiff]'s claim for private nuisance, you must find that:

1) [name of plaintiff] owned or possessed a legal interest in the real property that is the subject of this action];

2) [name of defendant] caused or was responsible for a substantial interference with [name of plaintiff]'s use and enjoyment of [name of plaintiff]'s property; and

3) [name of defendant]'s use of the property was either (a) intentional and unreasonable, or (b) unintentional and otherwise actionable.

A "substantial interference" with [name of plaintiff]'s use and enjoyment of the land is typically one that results in substantial annoyance, discomfort, or harm. The degree of interference is measured by what would be offensive to a reasonable person, or to a person who has ordinary health and ordinary sensitivities.

An unintentional use that is "otherwise actionable" is generally one that is 1) negligent or reckless, or 2) that results in abnormally dangerous conditions or activities in an inappropriate place.