Review us

Available 24/7

(973) 675-8277
Se Habla Español
Nou Pale Kreyol
Blog

What is a private nuisance?

On behalf of Goldstein Goldstein

When it comes to using your private property, you typically assume that anything you chose to do on it is fair game. 

However, if someone’s actions interfere with your peace or safety, then he or she may face potential legal repercussions. 

What it is

According to FindLaw, a private nuisance occurs when the usage of your land for an event or action interferes with the privacy or safety of someone else. This person is typically a next-door neighbor, because unlike a public nuisance, the amount of people affected is generally smaller in scope. 

These actions may be outright illegal, or even just irritating, depending on the severity of the action. Examples of nuisances include smoke coming from fires started in pits, noises from gatherings, or contamination of nearby water. 

Elements of a case

The other party has the right to use his or her land, except in a manner that interferes with the your enjoyment of your land. The incident must also be real and significant, as well as unreasonable. If any of these elements are not present in a claim, then it may not fit the legal definition of a private nuisance. 

Ordinary person test

Although strong odors and overly bright lights may cause confusion and irritation, they must be significant enough to cause a serious disturbance. Petty acts typically do not count as private nuisances. 

How much harm the victim suffered also plays into the seriousness of the case. In order to measure how severe a case is, judges will determine if the nuisance harms an ordinary person. However, this standard does not take into account any unique factors, such as someone with a sensitivity to smells or flashing lights. 

Client Reviews

“The Very Best in the State of N.J. and very aggressive on cases. I recommend them to anyone looking for a fair shake and a great outcome. Thank You so very much for helping me Goldstein and Goldstein, LLP. Thank You from Byron Teal.”

Bryon Teal

“When it comes to Goldstein and Goldstein law firm get ready to have a firm that is not only professional but will go above and beyond for you! I felt like I was family and that my case the only one they had( even though it wasn’t)! My lawsuit from my car accident was a long and steady road that Richard, Michael and his staff paid so much personal attention to. I am completely grateful for all of their efforts!! Because of their due diligence, I will be a home owner by the end of 2020, be completely out of debt, and have a great amount set aside for my retirement! So to all of the Goldstein and Goldstein law firm lawyers and staff THANK YOU!! You will forever also be a part of my family too!! I can truly see why this firm was under the Super lawyer firms!! You all are #1 in my book ”

Felica Aharon

“If you are looking for someone to care, then this is the place. Michael and the staff are great. Melissa is wonderful, polite and kind as well as everyone else. I appreciate everything they’ve done for me.”

Michelle Bennett

“They’re always super courteous, and quick to respond to any of my questions which is super helpful for someone who isn’t familiar with the process of law. I’m super glad my uncle recommended me this law firm, definitely deserving of a 5 star rating.”

Israel Amaya

“These guys are THE BEST!!! They are honest and take a no nonsense approach. Not wasting time and stacking hidden fees. Extremely pleased with their results.”

Jean Labeaf

“Goldstein & Goldstein, is a professional Lawyer known the best for you when you contact them for your case, they would never disappoint you, whatever your case may be, they would work with you and make sure you’re good, so I personally recommend, Goldstein & Goldstein, LLP ATTORNEY AT LAW”

Amos Olayemi

“Goldstein and the secretary’s in the office stayed on top of my case , and got me a settlement I was satisfied with I highly recommend there services.”

Khalif Emile

“Great service to the people.Anytime i propose a question it is answered in a timely manner.Very helpful and committed.Thank You Guys!!!!”

hassan jackson

“Amazing place, definitely will recommend to anyone that needs a good lawyer!! There’s a wonderful lady called Melissa and also Michael that took care of our case. The process went smooth and they took care of everything, it takes time but you just have to be patient and wait for a good result. I’m giving this place a 5 stars.”

Komi Awumey

“This place kept in contact with me through my case, they helped me with great treatment and the attorney Michael is very good man and they work very fast. When I go to the office they are very nice to me and make me feel comfortable.”

Denise Francios

“Michael Goldstein is an awesome attorney. They provide you with the best customer service and they make sure you and your family are taken care of. The outcome for my slip and fall case was a very good one and I couldnt ask for a better attorney. I will recommend anyone here...Thank you Goldstein & Goldstein..”

Tyra Rulz

“Melissa Quintero has been absolutely amazing from day one. She is extremely diligent with her work and keeps a positive attitude when dealing with tough situations. She genuinely puts the client first and has kept things simple for me. Highly Recommend her services!”

Saahil Dhawan

“My brother recommended me to this firm and I was so happy he did. I was so happy with the outcome of my case. Michael got me money and fast! Thank you again I would def recommend him,”

Leonor Santiago

“I was referred to Goldstein and Goldstein by a friend after a car accident and the service I received was exceptional! Thank you guys! Like”

Simone J

“Michael Goldstein is an awesome attorney. They provide you with the best customer service and they make sure you and your family are taken care of. The outcome for my slip and fall case was a very good one and I couldnt ask for a better attorney. I will recommend anyone here...Thank you Goldstein & Goldstein..”

Tyra Rulz