Which statement correctly defines a private nuisance?

• A. A private nuisance is a substantial, unreasonable interference with another individual's use or enjoyment of their property.
• B. A private nuisance is defined by interference with community health.
• C. A private nuisance requires public approval.
• D. Damages are not recoverable for nuisance.

Answer: (A)

Private nuisance involves an unreasonable interference with a neighbor’s use or enjoyment of their land. The defining idea is that the interference must be substantial—not trivial—and unreasonable in its impact on how the property owner uses or enjoys their property. This can include things like loud noise, odors, vibrations, or other disturbances that affect the neighbor’s ability to use their land, even if the harm isn’t physical damage.

That’s why the statement in question is the best fit: it captures both essential elements—the interference is substantial and unreasonable, and it targets the use or enjoyment of the neighbor’s property, not health alone or some other public concern.

Interference focused on community health or public-wide concerns would typically fall under public nuisance, not private nuisance. Public approval is not part of the test for nuisance; no government authorization is required to bring a private nuisance claim. And damages can be recovered for private nuisance (often alongside an injunction), so the notion that damages are not recoverable is inaccurate.