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The Law of Nuisances
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A Practical Treatise on the Law of Nuisances
Reprint of the original, first published in 1875.
Mitigation of Nighttime Construction Noise, Vibrations, and Other Nuisances
This synthesis report describes current practice in mitigating nighttime construction nuisances such as noise, vibration, light, and dust. Roadway construction work is increasingly done at night to mediate traffic congestion; however, this trend also increases the potential for disturbing adjacent property owners. This report will be of interest to department of transportation (DOT) construction, design, and project engineers, and to those responsible for community relations. This report of the Transportation Research Board stresses the importance of informing project neighbors and establishing cooperative relations with the community as a first measure of successful mitigation. Examples show how project design can address construction nuisances by locating and sequencing construction operations to minimize their impact. Current practices used in source control, path control, and receptor control are described and documented in examples from the Boston Central Artery/Tunnel project and projects in Arizona and Salt Lake City, Utah. Appended materials provide sample specifications for mitigation of noise and dust control.
An Essay on Waste, Nuisance, and Trespass, chiefly with reference to remedies in equity
Reprint of the original, first published in 1863. Treating of the law of Timber, Mines, Lights, Water, Support, the construction of public works, etc., etc.
The Law of Nuisances
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The Law of Private Nuisance
It is said that a nuisance is an interference with the use and enjoyment of land. This definition is typically unhelpful. While a nuisance must fit this account, it is plain that not all such interferences are legal nuisances. Thus, analysis of this area of the law begins with a definition far too broad for its subject matter, forcing the analyst to find more or less arbitrary ways of cutting back on potential liability. Tort law is plagued by this kind of approach. In the law of nuisance, today's preferred method of cutting back is to employ the notion of reasonableness. No one seems to know quite what 'reasonableness' means in this context, however. This is because, in fact, it does not mean anything. The notion is no more than the immediately recognisable symptom of our inadequate comprehension of the law. This book expounds a new understanding of the law of nuisance, an understanding that presents the law in a coherent and systematic fashion. It advances a single, central suggestion: that the law of nuisance is the method that the common law utilises for prioritising property rights so that conflicts between uses of property can be resolved.
