What does a plaintiff need to prove when claiming a nuisance action?

In a nuisance action, the plaintiff must demonstrate that the interference with their use and enjoyment of their property is substantial and unreasonable. This means they need to show that the conduct causing the nuisance is not only significant in its impact but also that it goes beyond what would be considered reasonable behavior in society.

The focus is on the objective nature of the interference rather than just the subjective feelings of the plaintiff. For example, something that might cause minor annoyance would not typically rise to the level of a legal nuisance unless it can be shown that the extent of the disturbance is significant and unjustified.

This concept acknowledges that people may have different tolerances for inconvenience, and therefore, a standard based on substantiality and unreasonableness provides a more consistent basis for addressing nuisance claims. It also requires evidence that the nuisance has a significant impact on the plaintiff's ability to use and enjoy their property, rather than merely relying on personal feelings or specific financial losses.

Understanding this standard is pivotal for plaintiffs as it frames the evidence they need to present in court. Instead of just demonstrating financial losses or emotional distress, they must clearly articulate and substantiate how the conduct being challenged interferes with their property rights in a way that is deemed substantial and unreasonable by societal norms