Is a private nuisance claim valid if it doesn't affect the claimant's property directly?

A private nuisance claim can indeed be valid even if it does not affect the claimant's property directly. The key factor in such claims is related to the concept of interference with the use and enjoyment of property. If the nuisance significantly diminishes the claimant's enjoyment of their property, even without a direct physical effect, it could still warrant a legal claim.

The law recognizes that various forms of annoyance or interference—such as noise, odors, or interference with a right of way—can disrupt a property owner's ability to enjoy their property peacefully. Thus, the impact of the nuisance is evaluated based on how it affects the claimant's ability to use and enjoy their property, rather than solely on a direct physical effect.

In summary, significant interference with enjoyment is pivotal for a private nuisance claim, validating the assertion that such claims can be made based on non-physical effects.