In which situations can a landowner be held liable for nuisance caused by a third party?

A landowner can be held liable for nuisance caused by a third party primarily when the landowner has control over the property. This principle stems from the idea that if a landowner has the ability to regulate the activities on their property, they bear responsibility for the impact of those activities, even if the nuisance is caused by someone else using the property.

Control implies an ability to manage or prevent harmful activities that could disturb neighboring properties or the public. For example, if a landowner leases their property to another party and that tenant engages in activities that generate excessive noise or create a hazardous condition, the landowner can be found liable for the nuisance if they had the opportunity to intervene or regulate those actions.

In contrast, being directly involved in the action isn't strictly necessary for liability, and thus the first option does not capture the broader scope of landowner responsibility. Additionally, the misconception that liability is only applicable to residential properties restricts the application of nuisance law, as it is relevant to both residential and commercial contexts. The notion that landowners are never liable for third-party actions is inaccurate; liability can indeed arise under certain circumstances, particularly when the landowner has control over the property.