Can a plaintiff sue for a nuisance if there is no physical damage to their property?

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A plaintiff can indeed sue for nuisance even in the absence of physical damage to their property if they can demonstrate significant interference with their use and enjoyment of that property. Nuisance law is primarily concerned with the impact on a person's ability to enjoy their property rather than the physical condition of the property itself.

In cases of private nuisance, the focus is on unreasonable interference with a person's right to use and enjoy their land, which can include noise, smells, vibrations, or other disturbances that compromise the quality of life for those affected. If the interference is substantial enough to disrupt one's enjoyment, this can be sufficient grounds for a legal claim.

The assertion that physical damage is required for a nuisance claim overlooks the fundamental principle that nuisance encompasses both tangible and intangible impacts on property enjoyment. While some jurisdictions may scrutinize the severity of the nuisance or its ongoing nature, the essential element is the extent of the interference, not necessarily physical harm.

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