ABA Family Legal Guide

Home Ownership

Managing Neighborhood Problems

Handling Disputes

What constitutes a nuisance?

A nuisance is the legal term for a person's unreasonable action that interferes with your enjoyment of your property. Anything from noxious gases to annoying wind chimes may constitute a nuisance. The law of nuisance involves a balancing test, weighing the social value of the activity against the social value of your use and enjoyment of your property. Accordingly, authorities that have to deal with nuisance complaints expect them to be reasonable. For example, your distaste for your neighbor's cooking odors may not be enough to sustain a nuisance complaint.