Civil Code 3479 Private Nuisance Neighbors

Law verbatim regarding 'private nuisance':

Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance. - California Civil Code 3479

Elements to show to prove private nuisance

Interpretation by law firm on how to proove private nuisance

Here are the basic elements you must show in order to prove private nuisance:

You owned or controlled property;

Defendant created a condition to exist that was either 1) harmful to health; 2) offensive to senses; or 3) obstructed the free use of property, so as to interfere with the comfortable enjoyment of that property;

Defendant’s conduct was intentional, reckless, or negligent;

The condition substantially interfered with your use or enjoyment of your land;

An ordinary person would be reasonably annoyed by the condition;

You didn’t consent to defendant’s conduct;

You were harmed;

Defendant’s conduct was a substantial factor in causing your harm; and The seriousness of the harm outweighs the social utility of defendant’s conduct. - law-firm